Common use of Landlord’s Obligations Clause in Contracts

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain keep in good condition, order and repair the foundation and exterior walls of the Building (i) excluding the foundationsinterior of all walls and the exterior and interior of all windows, doors, plate glass, and show cases), and the exterior roof of the Building (except that Tenant shall repair at Tenant's expense any damage caused by the activities of Tenant, Tenant's HVAC maintenance service contractor, and/or Tenant's other agents on the roof, perimeter walls including but not limited to the installation of air conditioning equipment and/or duct work, or other roof penetrations, and improper flashing or caulking, and any damage to exposed air conditioning equipment and duct-work installed by or for Tenant). Expenses incurred by Landlord in connection with the above described obligations shall be Operating Expenses hereunder, except for expenses incurred in connection with maintaining the roof structure (but not the roof membrane), foundation and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects walls of the Building which relate shall be borne solely by Landlord. Notwithstanding the foregoing, Tenant shall not be required to pay as Operating Expenses the cost of any repair or maintenance respecting the roof membrane which Tenant is able to demonstrate to the Common Areas or to more than one tenant’s premises, or which no tenant reasonable satisfaction of the Building Landlord is required to maintain and repair, including all systems and facilities necessary for as a result of Landlord's activity on the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed roof or a defect in construction performed by or on behalf of, or are the property of, Tenant)Landlord. Landlord shall also make all necessary structural repairs to paint the Building and any necessary repairs from time to the Building standard mechanical, HVAC, electricaltime as reasonably necessary, and plumbing systems in or servicing the Premises (the cost of which thereof shall be included an Operating Expense. Landlord shall exercise reasonable diligence in Operating Expenses under Article 4)performing such repairs as soon as practicable. However, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility obligation to make any repairs unless and under this Paragraph 10.2 until Landlord receives a reasonable time after Landlord's receipt of written notice from Tenant of the need for such repair repairs. 20 Except as otherwise specifically provided herein, there shall be no abatement of rent or otherwise becomes aware. Landlord shall not be liable for other sums payable by Tenant prior to or during any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform Landlord, and Tenant waives all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant claims for any interruption or loss of business pertaining or lost profits relating to any such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepairs.

Landlord’s Obligations. From and after the Term Commencement Date and during the Term, Landlord shall maintain make all repairs, replacements and renewals necessary: (i) to keep in good and sound condition the foundations, roof, perimeter walls foundation and exterior windows and all structural aspects structure of the Building, including but not limited to steel, footings, exterior walls, roof deck, main sprinkler line, roof membrane, and all underground or under-slab utilities; (ii) to keep the electrical, mechanical, plumbing, sprinkler and other systems serving the Building generally or the Common Areas in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put; and (iii) to keep all nonstructural aspects Common Areas, including the parking areas, driveways, walkways, and other improvements on the Property, in reasonably good condition, reasonably free of accumulations of snow, and sanded as appropriate, and to keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed. The cost of repairing damage by wrongful acts or negligence of Tenant or its agents, employees or invitees shall be charged to Tenant as Additional Rent hereunder and, without limiting the generality of the foregoing, Tenant shall be responsible for any loss, cost or damage resulting from activities on the roof of the Building conducted by Tenant, its agents, employees and contractors which relate cause damage to the Common Areas roof. Notwithstanding paragraph (a) above, so long as Tenant maintains and repairs the Dedicated Systems (which may include, without limitation, routine replacement of parts and components), and except for any replacement required as a result of misuse or to more than one tenant’s premisesneglect by Tenant, or which no tenant of the Building is required to maintain if despite such proper maintenance and repair, including all systems and facilities necessary for during the operation of the Building and the provision of services and utilities as required herein first two (except to the extent that 2) Lease Years, any of the foregoing items are installed by or on behalf ofDedicated Systems need to be replaced, or are the property of, Tenant). Tenant shall so advise Landlord and Landlord shall also make all necessary structural repairs to replace the Building and any necessary repairs to the Building standard mechanical, HVAC, electricalunit(s) or equipment in question, and plumbing systems in or servicing the Premises (no portion of the cost thereof will be charged to Tenant. The cost of any such replacement made after the end of the second Lease Year shall be amortized over the reasonably useful life of the replacement in accordance with generally accepted accounting principles, and the monthly charge-off (including a reasonable interest factor, which shall be included in Operating Expenses under Article 4determined by reference to the interest rate then being charged for long-term mortgages by institutional lenders on similar properties within the vicinity of the Building) will thereafter be payable by Tenant as Additional Rent hereunder. In no event, however, will Landlord have any responsibility to repair, maintain or replace the Supplemental Unit (as defined below), excluding repairs required to it being agreed that Tenant shall be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of solely responsible therefor at Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasesole cost.

Landlord’s Obligations. Landlord shall at all times and at its own expense clean, keep and maintain (i) in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the Building, which structural parts include only the foundation, subflooring, roof structure, and (ii) all nonstructural aspects exterior walls, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms, conditions or covenants in this Lease, or cause by Alterations made by Tenant or by Tenant's agents, employees or contractors, which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, shall be Tenant)'s responsibility. Landlord shall also make all necessary structural repairs to maintain, repair and replace the Building and any necessary repairs to roof membrane of the Building standard mechanicalBuilding, HVAC, electricalthe HVAC system for the Premises, and plumbing systems the Outside Area and Tenant shall reimburse Landlord for the reasonable costs thereof, as provided in or servicing paragraph 16.3. At Landlord's option, Landlord shall have the right to require Tenant to maintain and repair the HVAC system for the Premises. In such case, Tenant shall cause the HVAC system for the Premises (the cost of to be maintained in good condition at all times and Tenant shall obtain an HVAC system preventative maintenance contract with monthly service which shall be included in Operating Expenses under Article 4), excluding repairs required subject to be made the reasonable approval of Landlord and paid for by Tenant pursuant to this Articleand which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventative maintenance. Landlord If Tenant is performing the repair and maintenance of the HVAC system, Tenant shall have no responsibility the benefit of all warranties available to make any repairs unless and until Landlord receives written notice regarding such equipment. Other than regularly scheduled maintenance of the need for such Premises, it is a condition precedent to all obligations of Landlord to repair or otherwise becomes aware. and maintain under this Paragraph 16.1 that Tenant shall have notified Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice in writing of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasemaintenance.

Landlord’s Obligations. Except for any repairs occasioned by the act or omission of Tenant, Tenant's agents, employees, contractors, licensees or invitees, which repairs shall be the responsibility of Tenant, Landlord shall maintain (i) in good repair the foundations, roof, perimeter foundations and structural walls and exterior windows and all structural aspects of the BuildingLeased Premises, not including doors and (ii) all nonstructural aspects windows. The cost and expense of any maintenance or repair to the Building which relate necessary due to the Common Areas acts or omissions of Tenant or Tenant's agents, employees, contractors, invitees, licensees or assignees, shall be reimbursed by Tenant to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities Landlord upon demand as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Additional Rent. Landlord shall also make all necessary structural repairs not be responsible for ADA compliance with respect to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleWork performed. Landlord shall have no responsibility not be obligated to make any repairs unless until notified in writing by Tenant, and until Landlord receives written notice shall then have a reasonable period of the need for time to make such repair or otherwise becomes awarerepairs. Landlord shall not be liable for any damage or loss occasioned by Landlord's failure to repair the Leased Premises unless it shall have failed to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of repair within a reasonable time after following written notice from Tenant of the need for such repair. Notwithstanding, Tenant shall be allowed to make emergency repairs or maintenance is received by in an amount not to exceed Fifteen thousand dollars ($15,000.00) if Tenant's attempts to reach Landlord from Tenant or after Landlord otherwise becomes awarefail. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to reimburse Tenant for such costs within thirty (30) days of receipt of paid invoices, lien waivers, and any interruption or loss other appropriate documentation. If Tenant has provided all required documentation to Landlord and Landlord has not reimbursed Tenant within ninety (90) days, Tenant may deduct the cost of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseemergency repairs from their Rent payment.

Landlord’s Obligations. Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord under the Master Lease and Subtenant acknowledges and agrees that Sublandlord shall maintain be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air -conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) the foundationsabatement, roofdiminution or reduction of Subtenant's obligations under this Sublease except as otherwise provided herein, perimeter walls and exterior windows and all structural aspects of the Building, and or (ii) all nonstructural aspects liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may be necessary, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord. Notwithstanding the foregoing provisions of clause (i) above, if an Essential Services Interruption Event (as said term is defined in Section 15.B of the Building Original Master Lease) occurs which relate is due to the Common Areas act or to more than one tenant’s premisesomission of Sublandlord, or which no tenant and Subtenant is prevented from using, and does not use, an Affected Area (as said term is defined in Section 15.B of the Building is required to maintain and repair, including all systems and facilities necessary Original Master Lease) as a result of such Essential Services Interruption event for the operation a period in excess of the Building Eligibility Period (as said term is defined in Section 15.B of the Original Master Lease), the Rent payable under this Sublease shall be abated after the expiration of the Eligibility Period for such time that Subtenant continues to be prevented from using, and does not use, the provision Affected Area in the proportion that the rentable area of services and utilities as required herein (except the Affected Area bears to the extent that any total rentable area of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseSubleased Premises.

Landlord’s Obligations. Landlord shall maintain (i) To the foundationsextent that the provision of any services or the performance of any maintenance or any other act respecting the Subleased Premises, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas Master Lease Premises or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repairthe responsibility of Landlord, including all systems and facilities necessary for without limitation providing the operation services described in Section 7 of the Building and the provision of services and utilities as required herein Master Lease (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). collectively “Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4Obligations”), excluding repairs required upon Subtenant’s request, Sublandlord shall make diligent commercial efforts to be made by Tenant pursuant to this Article. cause Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure Landlord Obligations. Provided Sublandlord makes such diligent commercial efforts, in no event shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not Sublandlord be liable to Tenant Subtenant for any interruption liability, loss or loss damage whatsoever in the event that Landlord should fail to perform the same despite Sublandlord’s diligent commercial efforts, nor shall Subtenant be entitled to withhold the payment of business pertaining to Rent or terminate this Sublease in such activities. Landlord shall have the right to require case; provided, further, that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill perform the same under the Master Lease then Subtenant shall have all of the rights under this Sublease that Sublandlord has under the Master Lease with respect to such failure to act despite Sublandlord’s diligent commercial efforts. Such diligent commercial efforts by Sublandlord shall include, without limitation, upon becoming aware of non-performance by the Landlord, (a) immediately notifying Landlord of its non-performance under the Master Lease and requesting that Landlord perform its obligations pursuant under the Master Lease and (b) reasonably cooperating with any efforts by Subtenant (at no cost to Sublandlord) in causing Landlord to perform such Landlord Obligations. Without limiting the terms generality of the foregoing, Subtenant agrees that Sublandlord shall not be required to perform any of the Landlord Obligations, nor shall any representations or warranties made by Landlord under the Master Lease be deemed to have been made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) liability on the part of Sublandlord, or (ii) abatement, diminution or reduction of Subtenant’s obligations under this Sublease. In addition to such diligent commercial efforts, in the event any failure by Landlord to perform the Landlord Obligations materially interferes with Subtenant’s rights under this Sublease, then following written request by Subtenant, Sublandlord agrees to institute legal proceedings against Landlord to obtain the performance of the Landlord Obligations under the Master Lease; provided, however, that Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all costs and expenses incurred by Sublandlord in connection therewith.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects Landlord shall cause the repairs to be completed within a reasonable time, and Tenant shall immediately pay the entire cost of the Building which relate repairs to Landlord. Except as expressly provided in elsewhere in this Lease, there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs made by Landlord to the Common Areas Property or any part thereof. To the extent permitted by law, Tenant expressly waives the benefits of any statute or other law now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to more than one tenantterminate this Lease because of Landlord’s premisesfailure to keep the Property in good order, or which no tenant of the Building is required to maintain condition and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein repair (except to the extent that it shall be determined that any of the foregoing items are installed by or on behalf of, or are the property of, Tenantsuch failure shall have constituted a constructive eviction). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice Landlord of the need for to make such repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant proceed with reasonable diligence to the terms of this Leasecomplete such repairs.

Landlord’s Obligations. Subject to the below limitations on Landlord's liability, Landlord shall, during the Term, be responsible for and shall maintain perform and pay directly for all Capital Repairs and Replacements to the equipment, building, and improvements comprising the Powerhouse and the related distribution system serving the Complex which are necessary to meet the contractual requirements under the Konarka ESA or with other users within the Complex, or required by Applicable Law. "Capital Repairs and Replacements" are (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Buildingrepairs costing more than $25,000, and (ii) all nonstructural aspects any other repairs, replacements, or installations having a useful life longer than one year which would be capitalized under generally accepted accounting principles or prevailing real estate practice. Landlord has agreed to perfoint the repair described in Exhibit H attached hereto as a Capital Repair and Replacement. Landlord has not agreed to or authorized any other Capital Repair or Replacement. Notwithstanding anything to the contrary contained in the Short-Term Energy Services Agreement, so long as Landlord is both the owner of the Building which relate Premises and the purchaser under the Short-Term Energy Services Agreement, Tenant shall not have the right to the Common Areas or charge Landlord for any Capital Repairs and Replacements under such Short-Term Energy Services Agreement. If Landlord refuses to more than one tenant’s premisesperform, approve, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable pay for any failure to make repairs Capital Repair or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Replacement, as Tenant's sole and exclusive remedies, Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused either (i) terminate this Lease by written notice to Landlord, and upon such termination, Tenant shall surrender the willful misconduct of Tenant Premises in accordance with Article XXI hereof, and upon such surrender, the Security Deposit (or any of so much thereof as has not been applied) shall be returned to Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by (ii) exercise the Tenant (without limiting Landlord’s other remedies herein)Purchase Option. Tenant shall have the right of self-help not be obligated to perform any Capital Repairs and Replacements if Landlord fails does not agree to fulfill its obligations pursuant pay for or perform such repairs. In no event shall Landlord be obligated to pay for any capital work or improvements which relate to Tenant's construction of the Project. If Landlord pays for the cost of a Capital Repair or Replacement, then Tenant shall seek reimbursement for that cost under the Konarka ESA (to the terms extent permitted thereunder), and shall promptly pay to Landlord any amounts paid by Konarka Technologies, Inc., a Delaware corporation (or its successor under the Konarka ESA, including Konarka NB Holdings, LLC) in respect of this Leasesuch repair or replacement.

Landlord’s Obligations. Except as specifically provided in this Lease, Landlord shall maintain (i) not be required to furnish any services, facilities or utilities to the foundations, roof, perimeter walls and exterior windows and all structural aspects of the BuildingPremises or to Tenant, and (ii) Tenant assumes full responsibility for obtaining and paying for all nonstructural aspects of services, facilities and utilities to the Premises. Landlord will repair, replace and maintain the Common Area, the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of Systems and the Building is required to maintain and repairStructure, including all systems and facilities necessary unless Tenant has assumed responsibility for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)such services. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing provide the Premises with interior and exterior window washing services and five (5) day per week janitorial service and shall provide the cost of which shall be included in Operating Expenses under Article 4)Common Areas with landscaping services; provided, excluding repairs required to be made by however, that Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused assume responsibility for providing janitorial services at the Premises (and if Tenant does so, it shall not pay the cost of janitorial service at the Premises as part of Building Operating Expenses). All window washing and janitorial services, whether provided by Landlord or Tenant, must meet the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by standards commensurate with Class A office buildings located in the Tenant (without limiting Landlord’s other remedies herein)Midpoint Technology Park in Redwood City. Tenant shall have notify Landlord in writing when it becomes aware of the right need for any repair, replacement or maintenance which is Landlord’s responsibility under this Section of self-help if Landlord fails to fulfill its obligations pursuant which it becomes aware. The costs of such repair, replacement and maintenance shall be included in Common Area Operating Expenses to the terms extent provided in Article 7; provided that, subject to Section 13.6, Tenant shall reimburse Landlord in full and within twenty (20) business days after written demand for the cost of any repair to the Project, Building Structure or Building Systems which is attributable to misuse by Tenant or Tenant’s Agents. The reimbursement shall be Additional Rent. Tenant hereby waives and releases any right it may have under any law, statute or ordinance now or hereafter in effect to make any repairs which are Landlord’s obligation under this LeaseSection.

Landlord’s Obligations. Landlord shall maintain (i) in good ---------------------- condition, order and repair the foundationsCommon Areas, roof, perimeter walls the foundation and exterior windows walls of the Building (excluding the interior of all walls and, except as provided in Paragraph 6.3 below, the exterior and interior of all structural aspects windows, doors and plate glass), and the exterior roof of the Building, including structural supports and (ii) all nonstructural aspects of excluding the Building roof membrane. The manner in which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all such systems and facilities necessary for the operation of the Building shall be maintained and the provision expenditures therefor shall be at the sole discretion of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Landlord. Landlord shall also make all necessary structural exercise reasonable diligence in performing such repairs to the Building and any necessary repairs to the Building standard mechanicalas soon as practicable. However, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility obligation to make any repairs unless and under this paragraph until Landlord receives a reasonable time after Landlord's receipt of written notice from Tenant of the need for such repair repairs. Except as otherwise specifically provided herein, there shall be no abatement of rent or otherwise becomes awareother sums payable by Tenant prior to or during any repairs by Tenant or Landlord. Landlord shall not be liable may enter into a preventive maintenance contract with a qualified service company satisfactory to Landlord providing for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice periodic inspection of the need roof of the Building and for such repairs repair and maintenance of the roof membrane, including without limitation patching of any worn areas, replacement of all or any portion of the roof membrane when necessary, caulking and repair of flashing provided the roof is not maintained to Landlord's satisfaction. Tenant's Share of the cost of these preventive maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord contracts shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused borne by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord Except for damage caused by any willful misconduct of Tenant, Tenant's employees, suppliers, shippers, customers or invitees, (in which event Tenant shall maintain (i) repair the damage), Landlord, as an Operating Expense, shall keep in good condition and repair the foundations, roofthe Building HVAC system, perimeter walls and plumbing, exterior windows walls, structural condition of interior bearing walls, roof structure of the Premises, Parking Area, utility installations of the Common Facilities and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)parts thereof. Landlord shall also make all necessary structural repairs not be obligated to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing paint the Premises (the cost of which interior walls. Landlord shall not be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articlemaintain, repair or replace the interior doors, windows or plate glass of the Premises. Landlord shall have no responsibility obligation to make any begin repairs unless and under this Section 13.3 until Landlord receives fifteen (15) days after receipt of written notice from the Tenant of the need for such repairs except for the operations of the Building HVAC system, electrical system or such systems as will impact Tenant's ability to conduct ongoing business operations, which shall be repaired on an emergency basis. If Landlord has not performed or undertaken to perform maintenance or repair services required under this Lease within fifteen (15) days of receipt of written notice from Tenant, Tenant may take such reasonable action as is necessary to make repairs or otherwise becomes awareperform such services and deduct the cost of such performance from any sums due Landlord hereunder. In case of emergencies, the aforesaid fifteen (15) day period shall be reduced to such period as is reasonable under the circumstances and Tenant shall only be required to provide oral notice to Landlord. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption damage or loss of business pertaining any kind or nature by reason of Landlord's failure to furnish any such activities. Landlord shall have the right to require that any damage service when such failure is caused by the willful misconduct of Tenant strikes, lockout, or any other labor disturbances or disputes of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by any character beyond the Tenant (without limiting reasonable control of Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects of Landlord shall cause the Building which relate repairs to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to be completed within a reasonable time. To the extent that any of such repairs involve any plumbing, electrical or HVAC equipment serving only the foregoing items are Premises or installed by or for Tenant, Tenant shall promptly pay the entire cost of the repairs to Landlord. Except as provided in Section 9.3, there shall be no abatement of rent or liability to Tenant on behalf ofaccount of any injury or interference with Tenant’s business with respect to any improvements, alterations or are repairs made by Landlord to the property ofProperty or any part thereof. To the extent permitted by law, Tenant)Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Property in good order, condition and repair. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice Landlord of the need for to make such repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant proceed with reasonable diligence to the terms of this Leasecomplete such repairs.

Landlord’s Obligations. (a) Landlord shall maintain keep the Building and Common Areas (i) including the foundationsparking areas, roofwalkways, perimeter walls driveways, landscaping and exterior windows lighting, structures, floors, subfloors, slabs, glass, ceilings, common or party walls, as well as the roof and all structural aspects exterior of the Building, and (ii) all nonstructural aspects the plumbing, heating, lighting and other building standard electrical equipment, ventilating equipment, air conditioning equipment, and the elevators or escalators and life safety systems, but excluding the interior of the Building which relate Premises and space leased to other occupants of the Common Areas or to more than one tenant’s premisesBuilding) in good condition and repair. If Tenant becomes aware that plumbing, pipes, electrical wiring, or which no tenant HVAC ducts or vents within the Premises (that are not part of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are separate system or equipment installed by or on behalf offor Tenant) are in need of repair, or are Tenant shall notify Landlord promptly upon becoming aware of the property ofsame, Tenant). and Landlord shall also make all necessary structural cause the repairs to the Building be completed within a reasonable time and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which thereof shall be included in Operating Expenses under Article 4)Expenses. Except as provided in Section 9.3, excluding there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs required to be made by Landlord to the Property or any part thereof. To the extent permitted by law, and except as expressly provided in paragraph (b) below, Tenant pursuant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this ArticleLease because of Landlord’s failure to keep the Property in good order, condition and repair. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice Landlord of the need for to make such repairs, and Landlord has failed to commence to make such repairs or maintenance is received by Landlord from Tenant or within thirty (30) days after Landlord otherwise becomes aware. Landlord shall make every reasonable effort receipt of such notice (provided that, in the case of any failure posing an imminent threat to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsproperty or to the safety of occupants, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have so advise Landlord and such 30-day period will be shortened to that which is commercially reasonable under the right of self-help if Landlord particular circumstances), or fails thereafter to fulfill its obligations pursuant proceed with reasonable diligence to the terms of this Leasecomplete such repairs.

Landlord’s Obligations. Landlord shall keep and maintain (i) in good repair and working order consistent with similar first class mid-rise office buildings in the foundationsReston/Herndon, roofVirginia area and make all repairs to and perform necessary maintenance upon the structural components and elements, perimeter walls and exterior windows electrical, plumbing and mechanical systems, of the Building and all structural aspects parts and appurtenances, which are required in the normal maintenance and operation of the Building, including, but not limited to, the exterior walls, load bearing elements, foundation, pipes, conduits, roof, parking and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premisesother common areas, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAClife/safety, electrical, central heating and air-conditioning, and plumbing systems in that are a part of the Base Building. The cost and expense of any unusual maintenance or servicing repair to the Premises (Building resulting from the cost acts or omissions of which Tenant or Tenant's agents, employees, contractors, invitees, licenses or assignees, shall be included in Operating Expenses under Article 4), excluding repairs required to be made reimbursed by Tenant pursuant to this ArticleLandlord upon demand as Additional Rent. Landlord shall have no responsibility not be responsible for ADA compliance with respect to Tenant Work performed. Landlord shall not be obligated to make any repairs unless not theretofore known by Landlord to be necessary until notified in writing by Tenant, and until Landlord receives written notice shall then have a reasonable period of the need for time to make such repair or otherwise becomes awarerepairs. Landlord shall not be liable for any damage or loss occasioned by Landlord's failure to repair the Leased Premises unless it shall have failed to make repairs such repair within a reasonable time following its having knowledge of the need for a repair or to perform any maintenance unless such failure shall persist for an unreasonable period receipt of time after written notice from Tenant of the need for such repairs repair. If an emergency event or maintenance circumstance occurs that threatens to materially interfere with Tenant's ability to operate its Equipment for its intended use, the Landlord is received by required to take action to correct the situation (a "Required Action") and Landlord from Tenant has knowingly failed to provide or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and commence the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have Required Action within the right to require that any damage caused time period required by the willful misconduct Lease (or a reasonable period of time, if no period of time is specified in the Lease) after the receipt of notice, Tenant or may proceed to take the Required Action pursuant to the terms of the Lease. If any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed Required Action is taken by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasesection, then Landlord shall reimburse Tenant for its reasonable and documented costs and expenses in taking the Required Action within thirty (30) days after receipt by Landlord of an invoice from Tenant.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all exterior elements of the Building and all structural aspects of the Building, Building and (ii) all nonstructural aspects of the Building which relate to the Building Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of and for the sole use of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses to the extent permitted under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time ten (10) days after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware, unless such repair or maintenance cannot reasonably be effected within such ten (10) day period, in which case Landlord shall have such additional time as required provided that Landlord commences such repair or maintenance within such ten (10) day period and thereafter diligently prosecutes the same to completion. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. , except pursuant to Section 7.F. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the right of self-help if Landlord fails to fulfill its obligations Securities and Exchange Commission pursuant to the terms Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of this Leasethe Securities Exchange Act of 1934, as amended.

Landlord’s Obligations. Throughout the Lease Term, Landlord shall, at Landlord's Expense, maintain, repair and replace all structural members, walls, footings, roofs, floors and doorways and other material parts of the buildings located on the Leased Property and the parking lots and driving lanes, and shall maintain, repair and replace all mechanical, plumbing, electrical, heating, ventilating and air conditioning systems and all utility metering equipment and facilities and other parts of the Leased Property; except that Tenant shall be responsible for maintenance of all Installations, Material or otherwise, and, subject to the provisions of Section 11.3, Tenant shall be responsible for the repair or replacement of all structures, systems and facilities damaged to the extent caused by Tenant's or Tenant's Affiliates' negligence. Landlord shall be responsible for all Corrective Action on the Property and glass replacement upon the Leased Property. Landlord shall, at Landlord's expense, maintain (ithe Common Area in a clean, safe and operable condition, except for Tenant's cleanup obligations as set forth in Section 4.5(a) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Buildinghereof, and (ii) make all nonstructural aspects of the Building which relate necessary repairs, replacements and improvements to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Area. Landlord shall also make pay all necessary structural repairs utility charges and expenses pertaining to the Building and any necessary repairs Leased Property; provided that, if Tenant is performing waste processing on the Leased Premises, then during such periods Tenant shall be obligated to pay the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the increased cost of which the utilities used in connection with such processing. Any maintenance, repair, replacement or improvement performed by Landlord on the Leased Property shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received performed by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable minimize any disruption to Tenant for any interruption or loss of Tenant's business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseoperations.

Landlord’s Obligations. Landlord shall maintain (i) in good order, condition and repair the foundations, roof, perimeter walls structural and exterior windows and all structural aspects common areas of the Building, and (ii) all nonstructural aspects the basic heating, ventilating, air conditioning, electrical, plumbing, fire protection, life safety, security and mechanical systems of the Building which relate (the "Building Systems"), and, to the Common Areas or extent required by law the telephone cabling and wiring in and to more than one tenant’s premisesthe Premises, or which no tenant and shall cause the common areas of the Building is required to maintain comply with all Legal Requirements (including, without limitation, the ADA), provided that any maintenance and repair caused by the acts or omissions of Tenant or Tenant's agents, employees, invitees, visitors (collectively "Tenant's Representatives") shall be paid for by Tenant. Notwithstanding any law to the contrary that may now or hereafter exist, Tenant shall not have the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the foregoing in good order, condition and repair, including all systems nor shall Landlord be liable under any circumstances for any consequential damages or loss of business, however occurring, through or in connection with any such failure. Notwithstanding the provisions of this Section, in the event Landlord fails or neglects to commence and facilities necessary for make the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs Please Initial Tenant ( ) Landlord ( ) Landlord is required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference accordance with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseLease within thirty (30) days after receipt of written notice from Tenant of a necessity thereof, or within 48 hours in the event of any emergency or a safety hazard to Tenant's employees or invitees, and appropriate notice from Tenant, then Tenant may, but shall not be obligated to make such repairs and Landlord shall reimburse Tenant for such reasonable amounts that Tenant has paid for said repairs. Notwithstanding Tenant's entitlement to said reimbursement, if Landlord and Tenant cannot agree on the amount of reimbursement within ten (10) days from the date Tenant submits its billing to Landlord, then the dispute shall be resolved in accordance with Subparagraph 8.1(c).

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to cause the Common Areas to be maintained in reasonably good order and condition, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which latter damage shall be paid for by Tenant. In addition, Landlord shall make necessary repairs to more than one tenant’s premises, or which no tenant the exterior foundations and roof of the Building is required to maintain Buildings, and repairthe plumbing, including all electrical and other utility systems and facilities necessary for the operation serving but which are located outside of the Building Premises, and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary exterior walls of the Buildings (excluding, however, repairs to the Building standard mechanicalwindows, HVAC, electricaldoors and plate glass), and plumbing systems in or servicing the Premises (load-bearing walls and load-bearing columns, if any, within the cost of which Premises, provided that Landlord shall not be included in Operating Expenses under Article 4), excluding repairs obligated hereby to do any work required to be made done because of any damage caused by any act, omission or negligence of Tenant pursuant to this Articleand its invitees, licensees, their respective officers, agents and employees or their customers. Landlord shall have no responsibility When necessary by reason of accident or other cause occurring in the Buildings or in the Premises, or in order to make any repairs unless or alterations or improvements in or relating to the Buildings or the Premises, Landlord reserves the right to interrupt the supply of electricity, water and until Landlord receives written notice gas or any other utility and also to suspend the operation of the need for heating and air conditioning system, where there shall be one installed in the Buildings, until said repairs, alterations or improvements shall have been completed. There shall be no abatement in rent because of any such repair interruption or otherwise becomes aware. suspension, however, Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless pursue such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every work with reasonable effort to perform all such repairs or maintenance continuity, diligence and dispatch and in such a manner (in its judgment) so as to cause a minimum of interference with Tenant and Tenant's use of the Premises but and, whenever reasonably possible, Landlord shall not be liable to will provide Tenant for with at least twenty four (24) hours advance written notice of any such interruption or loss suspension of business pertaining to such activitiesservices. Landlord shall have maintain the right to require that any damage caused by landscaping on the willful misconduct Land and periodically paint and repair the exterior surfaces of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, the Buildings and the cost thereof shall be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasean Operating Cost.

Landlord’s Obligations. Subject to the provisions of Article 13 except for damage caused by the intentional or negligent acts or omissions of Tenant, its employees, agents or invitees, Landlord shall maintain and repair the foundations and the exterior roof and exterior walls of the Premises; provided, however, Landlord’s obligation to make any such repairs shall not arise until receipt of written notice from Tenant that such repairs are needed. After receipt of such notice, Landlord shall have a reasonable period of time, not to exceed thirty (i30) days, to commence and diligently pursue completion of such repairs or to notify Tenant that Landlord does not believe that such repair is necessary and/or is the foundations, responsibility of Tenant. Landlord's obligations hereunder shall not include the maintenance or repair of any interior portion of the exterior walls or roof, perimeter walls or the maintenance or repair of windows, doors, plate glass or storefronts. If Landlord refuses or neglects to commence and exterior windows and all structural aspects of diligently pursue making repairs which the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building parties agree Landlord is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities make as required set forth herein within thirty (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). 30) days after Tenant has given Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair repairs, Tenant may deliver to Landlord a second notice of such failure. If Landlord has not commenced and diligently pursued completion of the subject repairs within five (5) days after delivery of the second such notice, or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or if an emergency arises, Tenant may, at its option, undertake to perform any maintenance unless such failure shall persist for an unreasonable period repairs. If Tenant undertakes to perform such repairs, Tenant may deduct the cost of time after written notice of the need for such repairs from the Base Rent and Additional next coming due under this Lease. In the event of an emergency where something is required to be done forthwith in order to avoid injury, death or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsdamage, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails help, and the right to fulfill its obligations pursuant be reimbursed for the reasonable cost of such action, subject to the terms following. This right of this Leaseself-help shall be carefully and judiciously exercised by Tenant, it being understood and agreed that wherever possible Landlord shall be given sufficient opportunity to perform, in order to avoid any conflict with respect to whether self help should have been availed of, or with respect to the reasonableness of the expenses incurred. Tenant shall not initiate any self-help remedy until and unless Tenant has telephoned the representative of the Landlord.

Landlord’s Obligations. Landlord at its sole cost and expense, shall maintain (i) in good condition, order, and repair, and replace as and when necessary, the foundationsfoundation, rooffootings, perimeter walls poured concrete floors, exterior walls, load bearing walls, and exterior windows and all structural aspects roof structure of the Building. Notwithstanding the foregoing, during the initial Term of this Lease, Landlord shall be obligated to perform and pay for the work of replacement of the roof membrane at the end of its useful life (as determined in accordance with Landlord's reasonable judgement and consistent with prudent standards for building owners in the San Jose area) at Landlord's sole cost and expense. If Landlord fails to xxxxonably act to perform its repair obligations of this Paragraph 8.A, and (ii) all nonstructural aspects of such failure materially affects Tenant's ability to use and occupy the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary Premises for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf ofpurposes permitted herein, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than ten (10) business days after written notice from Tenant; provided, however, that if the nature of self-help if the repairs and/or maintenance to be completed by Landlord fails is such that more than 10 business days are required to fulfill complete such repairs and/or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs and/or maintenance and thereafter diligently pursue such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of Tenant's written demand therefore, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good and workmanlike manner by licensed contractors. If Landlord objects to the repairs and/or maintenance performed or the expenses incurred by Tenant in performing such work, Landlord shall deliver a written notice of Landlord's objection to Tenant within thirty (30) days after Landlord's receipt of Tenant's invoice evidencing the expenses incurred by Tenant. Landlord's notice shall set forth in reasonable detail Landlord's reasons for its claim that such repairs and/or maintenance were not required or were not Landlord's obligations pursuant to in the terms of this Leaselease and/or the reasons for Landlord's dispute of the expenses incurred by Tenant in performing such work. If Landlord and Tenant fail to resolve any such dispute within said thirty (30) day period, after Landlord has notified Tenant of Landlord's objections, the matter shall be resolved pursuant to Section 19.E. below.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows windows, and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any routine or ordinary necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing Plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4, unless such costs are capital in nature), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord otherwise becomes awareis aware that repairs are needed. Landlord shall not be liable for any failure have thirty (30) days in which to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord after receiving notice from Tenant or otherwise becoming aware of the need, unless such repairs or maintenance cannot be completed within such thirty (30) day period. In such case, Landlord shall diligently commence and pursue the completion of such repairs and/or maintenance within such thirty (30) day period. If such repairs and maintenance cannot be completed with thirty (30) days or a reasonable time thereafter so long as Landlord is diligently pursuing completion of same, then Tenant's Rent shall abatx xxxmencing on the forty-fifth (45th) day after Landlord otherwise becomes awarecommences the repair and maintenance for each day until completion. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate Subject to the Common Areas or to more than one tenant’s premisesprovisions of Paragraphs ---------------------- 21 and 22, or which no tenant of Landlord shall, at its sole cost and expense, maintain in good order, condition and repair the Building is required to maintain and repair, including all systems and facilities necessary for the operation following items of the Building and the provision Parking Structure: foundation, footings, floor slab, load bearing walls, the structural portions of services the roof (excluding roof coverings), and utilities as required herein exterior walls (except excluding any glass, and further excluding the painting, sealing, patching or waterproofing of the exterior walls). Subject to the extent that any provisions of Paragraphs 21 and 22, Landlord also shall maintain the foregoing items are installed by or on behalf ofOutside Areas in good order, or are condition and repair and the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which costs thereof shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Expenses. It is the express intent of Landlord and Tenant pursuant to this Article. that Landlord shall have no responsibility obligation, in any manner whatsoever, to make repair and maintain all or any repairs unless and until Landlord receives written notice part of the need Premises other than those portions of the Building and Parking Structure as expressly provided for in this Subparagraph 14(a), it being the further express intent of Landlord and Tenant that such be maintained and repaired by Tenant at its sole cost and expense. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice maintain those portions of the need for Premises which it is obligated to do so under this Subparagraph 14(a) if such maintenance or repair is (i) required as a result of any damage thereto caused by the acts or omissions of Tenant or of Tenant's agents, employees, subtenants, contractors, or invitees, and the cost of any such repairs or maintenance is received not covered by insurance required to be carried by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease, or (ii) is required by reason of the failure of Tenant to perform or comply with any terms of this Lease, or (iii) is caused by any Alterations made by Tenant or by Tenant's agents, employees, subtenants or contractors. It is an express condition precedent to all obligations of Landlord to repair and maintain as provided herein that Tenant shall have notified Landlord of the need for such repairs and maintenance.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and unless such maintenance or repairs are required because of any negligent or intentional act or intentional omission of Tenant or its agents, employees, contractors, customers or invitees, Landlord shall maintain (i) keep the following in good order, condition and repair: the foundations, roof, perimeter exterior walls and roof of the Premises (including painting the exterior windows surface of the exterior walls of the Premises not more often than once every five (5) years, if necessary); parking lot surfaces; and all structural aspects components of electrical, mechanical, and plumbing located outside of the BuildingPremises which are used in common by tenants of the Project, reasonable wear and tear excluded, and (ii) excluding all nonstructural aspects components of the Building which relate to the Common Areas or to more than one tenant’s premiseselectrical, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made that are installed by Tenant pursuant to this Articleat any time, including those initially constructed as part of the Tenant Improvements. Landlord shall have no responsibility use reasonable efforts to make any repairs unless cause all Common Areas to be maintained in good order, condition and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure obligated to maintain or repair interior windows, doors, plate glass, the interior surfaces of exterior walls or other interior improvements in the Building or Premises. Landlord shall make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord but in all events shall make every reasonable effort to perform all commence such repairs within thirty (30) days after receipt of such notice. In no event shall Tenant be entitled to undertake any such maintenance or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and repairs, whether at the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct expense of Tenant or Landlord, and Tenant hereby waives the benefits of any of Tenant’s agents, contractors, employees, invitees law now or customers, be paid for and performed by the hereafter in effect which would otherwise provide Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasewith such right.

Landlord’s Obligations. Landlord shall repair, maintain in good and tenantable condition (iand in compliance with Legal Requirements and requirements of the insurance underwriter(s) for the foundationsShopping Center) and replace, as necessary, the roof, perimeter walls exterior walls, and exterior windows structural parts of the Premises (including the structural floor), and all structural aspects Utility Installations serving the Premises on a nonexclusive basis (except where the appropriate utility company performs such duties) or that form a centralized Air Conditioning System serving the Premises on a nonexclusive basis. In no event shall Landlord be required to make repairs necessitated by the negligence or willful acts of Tenant or anyone claiming under Tenant, because of the Building, and (ii) all nonstructural aspects failure of the Building which relate Tenant to the Common Areas perform or to more than one tenant’s premisesobserve any term or condition of this Lease, or which no tenant because of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (Improvements made by Tenant except to the extent that any of otherwise covered by the foregoing items are installed by or on behalf of, or are the property of, Tenant)insurance Landlord is required to carry under this Lease. Landlord shall also make all necessary structural repairs be under no obligation to repair, replace or maintain the Premises or the mechanical equipment exclusively serving the Premises at any time, except as this Lease expressly provides. Notwithstanding anything to the Building and any necessary repairs to the Building standard mechanicalcontrary contained in this Lease, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not in any way be liable to Tenant for any failure to make repairs or to perform any maintenance as herein specifically required of it unless such failure shall persist for an unreasonable period of time after written notice Xxxxxx has previously notified Landlord of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period following receipt of Tenant's notification. As used in this Article 12, "exterior walls" shall exclude storefronts, plate glass, window cases or maintenance is received window frames, doors or door frames, security grilles or similar enclosures. The definition of Common Area Expenses includes all work performed by Landlord from Tenant or after Landlord in accordance with this Section except as otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance expressly provided for in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Subject to the remainder of this Section 6 and all provisions in this Lease relating to damage, destruction, or condemnation of the Leased Premises and to Tenant's indemnification of Landlord, Landlord shall maintain maintain, repair, and keep in at least the same condition as of the Commencement Date (iordinary wear and tear excepted) the foundationsfoundation, the roof, perimeter walls and exterior windows walls (excluding the interior surfaces of exterior walls, windows, window frames, and all structural aspects doors) of any building on the Commercial Property. If Landlord shall be called on to make any such repairs occasioned by the negligent act or omission of Tenant, its employees, agents, servants, customers, and other invitees, the entire cost of such repair shall be borne by Tenant. It is the intention of the BuildingParties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Leased Premises, and (ii) all nonstructural aspects they expressly waive the benefit of the Building which relate to the Common Areas any statute now or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except hereafter in effect to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance it is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference inconsistent with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that provided that Landlord is diligently pursuing such repairs in good faith, Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to or loss of Tenant's business, nor shall any delays entitle Tenant to any abatement of Rent or damages, or be deemed an eviction of Tenant in whole or in part. The performance of Landlord's obligations hereunder shall be subject to delays attributable to force majeure as provided in Section 23.

Landlord’s Obligations. Landlord shall shall, subject to Section 4.1, Section 4.3 and Article 19, operate and maintain (i) in good condition and repair the foundations, roof, perimeter walls and exterior windows Building and all structural aspects components thereof, including, but not limited to the Building structure and foundation, roof of the Building (excluding any skylights, but including as needed any replacement thereof, and roof membrane); electrical, plumbing, door locks and doors, interior sprinklers and sprinkler heads, and other mechanical facilities serving the Building, and maintain and paint the exterior walls of the Building, as and (ii) all nonstructural aspects of when the Building which relate to the Common Areas or to more than one tenantsame become necessary in Landlord’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)sole discretion. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall not be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs to the items specified above unless and until Landlord receives written notice learns or is made aware of (including but not limited to notification by Tenant in writing of the need for such repair or otherwise becomes aware. repair) and Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable have a reasonable period of time after written notice thereafter to commence and complete said repair, if warranted. The cost of any of the need foregoing maintenance and repairs on the part of Landlord provided for such in this Section 4.2 (the “Building Expenses”) shall be paid by Tenant as part of Operating Expenses set forth in Section 5.2 below except that repairs (including structural repairs) which Landlord deems to arise out of any act or maintenance is received by Landlord from omission of Tenant or after Landlord otherwise becomes aware. Landlord any Tenant Parties shall make every reasonable effort be made at the sole expense of Tenant, and except that costs associated with the Building structure and foundation, roof of the Building (excluding any skylights, but including as needed any replacement thereof, and roof membrane) shall be Landlord’s sole responsibility (provided that any repairs to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and any structural portions of the Premises but Landlord or Building that are required because of Tenant’s use or modifications by Tenant which affect or compromise the structural integrity of the Premises or Building shall not be liable to Tenant for any interruption or loss of business pertaining to such activitiesTenant’s sole responsibility). Landlord shall have the right to require that any damage caused by create different pools of such Building expenses based upon services provided to multiple buildings in the willful misconduct of Tenant or any of Project, in which event Tenant’s agentsPercentage shall be adjusted for purposes of any pool of such Building expenses in which Tenant is included based on the total number of rentable square feet of the tenants or occupants in the Project included in such pool. In addition, contractorsin the event a maintenance contractor is called for a repair or maintenance applicable and charged to a particular premises, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant Landlord shall have the right to require such tenant (including Tenant) to bear such expense directly. In the event any of selfthe foregoing repairs are made on a regular ongoing basis, such as through a maintenance or service contract, Landlord shall have the right to collect such amounts in advance on a monthly basis, in which event Landlord shall furnish Tenant with a written statement setting forth Tenant’s Pro Rata Share of the estimated maintenance and service costs on a calendar year basis. Thereafter, Tenant shall pay to Landlord, as Additional Rent on the first day of each calendar month, an amount equal to one-help if twelfth (1/12) of the amount of Tenant’s Pro Rata Share of such annual maintenance and service costs, until Landlord fails provides a recalculation of such amount to fulfill its obligations pursuant Tenant. In such event, the procedures set forth in Sections 6.4 through 6.8 regarding the treatment of estimating and reconciling Operating Expenses shall apply to the terms foregoing estimated payments. Landlord’s obligation to repair and maintain hereunder shall be limited to the cost of this Leaseeffecting such repair and maintenance, and in no event shall Landlord be liable for any costs or expenses in excess of said amounts, including but not limited to any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant. Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.

Landlord’s Obligations. Landlord shall maintain keep in good order, condition and repair the structural parts of the Building, which structural parts consist only of the foundation, subflooring, exterior walls (i) excluding the foundations, roof, perimeter interior of all walls and the exterior windows and interior of all structural aspects windows, doors, ceilings, and plate glass), and roof of the Building, and all plumbing and electrical facilities leading up to (iibut not situated within) all nonstructural aspects the Building, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms of this Lease, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed caused by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be Alterations made by Tenant pursuant or by Tenant's agents, employees or contractors. It is an express condition precedent to this Article. all obligations of Landlord to repair and maintain that Tenant shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from Tenant or after Landlord otherwise becomes awarethe Rent due under this Lease. Landlord shall make every reasonable effort to perform all such repairs or keep in good order, condition, repair and maintenance in such the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a manner (in its judgment) so as to cause minimum interference with Tenant qualified vendor for the purpose of maintaining the Building's HVAC system, and a roof maintenance service contract from a qualified vendor for the Premises but Landlord shall not be liable to Tenant for any interruption or loss purpose of business pertaining to such activitiesmaintaining the Building's roof. Landlord shall have determine in its sole discretion whether any such vendor is qualified. Any and all costs of any maintenance or repair of the right HVAC system or the roof (including without limitation the cost of maintaining HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable solely by Tenant for the year in which such cost is incurred. Landlord may elect, in its sole discretion, to require paint the exterior of the Building and/or to replace or perform capital improvements to any area or aspect of the Building which Landlord is required keep in good order, condition and repair. If Landlord decides, in its sole discretion, to replace the roof of the Building during the Term, then the cost of so replacing the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the roof (as determined by Landlord in its sole discretion) (the "Useful Life"), and the entire amount of such amortized costs and interest shall be included in the monthly Common Area Maintenance Costs payable solely by Tenant during the entire period over which such costs are amortized, until Tenant has paid to Landlord that any damage caused proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such roof replacement was completed, divided by (b) the willful misconduct number of Tenant or any months of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant Useful Life; provided that in no event shall such proportion exceed one hundred percent (without limiting Landlord’s other remedies herein100%). For the purposes of example only and not by way of limitation, if the Building's roof is replaced twenty-four (24) months before the end of the Term, at a cost of Fifty Thousand Dollars ($50,000.00), and the Useful Life is one hundred twenty (120) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Sixteen and 67/100ths Dollars ($416.67) per month, with interest at the Interest Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the balance of the Term shall have equal Four Hundred Sixteen and 67/100ths Dollars ($416.67), with interest at the right Interest Rate, until Tenant has paid to Landlord a total aggregate amount of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.Ten Thousand Dollars

Landlord’s Obligations. Subject to Section 2.4 (Condition of Premises), and Articles 10 (Casualty) and 11 (Condemnation), Landlord shall maintain (i) the foundationsin good condition, roof, perimeter walls reasonable wear and exterior windows and all structural aspects of the Buildingtear excepted, and (ii) all nonstructural aspects repair and replace as needed the structural portions of the Building which relate to (including, but not limited to, the Common Areas or to more than one tenant’s premisesexterior walls, or which no tenant of under-flooring and roof), the Building is required to maintain and repair, base building facilities (including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanicallighting, HVAC, plumbing, mechanical, electrical, fire/life safety systems and plumbing systems generators serving the Building except if the system or equipment was installed or modified by or for Tenant, in or servicing the Premises (the cost of which shall case it will be included in Operating Expenses under Article 4Tenant’s responsibility and at Tenant’s sole cost), excluding repairs and the Common Areas. If any such maintenance and repair to any part of the Real Property which Landlord is obligated to maintain is required to be made by because of the acts or omissions of Tenant pursuant to this Article. or Tenant’s Authorized Representatives, Landlord shall have no responsibility perform such maintenance and repair at Tenant’s sole cost. Tenant waives the benefit of any statute, ordinance or judicial decision now or hereafter existing which permits Tenant to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareat Landlord’s expense. Landlord shall not be liable to Tenant, and Rent shall not be abated and Tenant shall not recover money damages from Landlord for any failure by Landlord to maintain and repair areas that are being used in connection with construction of improvements, or for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awaremaintenance. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall also not be liable to Tenant under any circumstances for any interruption or loss of profits or for injury to or interference with Xxxxxx’s business pertaining arising from or in connection with the making of or the failure of Landlord to such activities. make any repairs, maintenance, alterations or improvements to any portion of the Building or the Common Areas or in or to fixtures, appurtenances and equipment therein, but Tenant may exercise a specific performance remedy against Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseas a result thereof.

Landlord’s Obligations. Landlord shall maintain (i) in good condition and repair, reasonable wear and tear excepted, and in a manner consistent with comparable first class office buildings in the Milpitas/North San Xxxx area, the roof, foundations, roof, perimeter walls floor slabs and exterior windows and all structural aspects walls of the Building, and all Building systems, including, without limitation, elevator, plumbing, HVAC, electrical, security, life safety and power (ii) all nonstructural aspects of collectively, the “Base Building which relate to the Common Areas or to more than one tenant’s premisesComponents”), or which no tenant of the except that Base Building is required Components shall exclude, and Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, any supplemental systems (including all systems air-conditioning systems), and facilities necessary equipment used in connection therewith, installed specifically for the operation Tenant, as part of the Building and the provision of services and utilities as required herein (except Tenant’s initial Alterations to the extent that Premises or any of the foregoing items are installed by subsequent Alterations. The term walls as used herein shall not include windows, glass or on behalf ofplate glass, doors, special store fronts or are the property ofoffice entries. The term roof as used herein shall not include skylights, Tenant)smoke hatches or roof vents. Landlord shall also make all necessary structural repairs to maintain in good condition and repair, reasonable wear and tear excepted, the Building Common Areas, including, but not limited to, the landscaped areas, parking areas, driveways and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems cafeteria. Tenant shall reimburse Landlord for Landlord’s costs of complying with its obligations under this Section 12.B. in or servicing the Premises (the cost of which shall be included in Operating Expenses under accordance with Article 4), excluding repairs required to be made by Tenant pursuant to this Article4 above. Landlord shall have no responsibility to make any repairs to the Premises that are otherwise required hereunder unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any uninsured damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant , and in addition, Landlord shall have the right to require that Tenant pay Landlord for the deductible with respect to any insured damage caused by the willful misconduct of self-help if Landlord fails to fulfill its obligations pursuant to the terms Tenant or any of this LeaseTenant’s agents, contractors, employees, invitees or customers (without limiting Landlord’s other remedies herein).

Landlord’s Obligations. Landlord Subject to the provisions of paragraphs 4.2 (Operating Expenses), 6 (Use), 7.2 (Tenant’s Obligations), and 9 (Damage or Destruction) and except for damage caused by any negligent or intentional act or omission of Tenant, Tenant’s employees, suppliers, shippers, customers, or invitees, in which event Tenant shall maintain (i) repair the damage to the extent not covered by the Landlord’s insurance, Landlord, at Landlord’s expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the foundations, roofexterior walls, perimeter walls structural condition of interior bearing walls, heating, ventilating, and exterior windows air conditioning systems, and all structural aspects roof of the BuildingPremises, as well as the parking lots, walkways, driveways, landscaping, fences, and (ii) all nonstructural aspects utility installations of the Building which relate to the Common Areas or and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)paragraph 4.2. Landlord shall also make all necessary structural repairs not, however, be obligated to paint the Building and any necessary repairs to the Building standard mechanicalexterior or interior surface of exterior walls, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which nor shall Landlord be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articlemaintain, repair, or replace windows, doors, or plate glass of the Premises. Landlord shall have no responsibility obligation to make any repairs unless and under this paragraph 7.1 until Landlord receives a reasonable time after receipt of written notice from Tenant of the need for such repair repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise becomes awareafford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition, and repair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption damage or loss of business pertaining any kind or nature by reason of Landlord’s failure to furnish any Common Area services when such activities. Landlord shall have the right to require that any damage failure is caused by accident, breakage, repair, strike, lockout, or other labor disturbance or dispute of any character, or by any other cause beyond the willful misconduct reasonable control of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain maintain, repair, replace and keep in good operating condition, comparable to similar properties in the Fairfax, Virginia area, the Common Areas (ias defined in Section 39 below) (including, without limitation, the lobbies, elevators, stairs, grounds, loading areas and corridors), the roofs, foundations, roofload-bearing elements, perimeter conduits and structural walls and exterior windows and all other structural aspects elements of the Building, the underground utility and (ii) all nonstructural aspects sewer pipes of the Building which relate to the Common Areas or to more than one tenant’s premisesBuilding, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard base building mechanical, HVAC, electrical, plumbing, HVAC system and plumbing systems in or servicing the Premises (sprinkler system and other fire and life-safety systems, and the adjacent parking structure and connector, the cost of which shall be included within Operating Costs except to the extent set forth in Operating Expenses under Article 4)Section 9.6, excluding repairs required hereof, provided that, to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the extent the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant replacements arise as a the result of the gross negligence or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant (or any of Tenant’s agents, employees, contractors, employeesinvitees (while within the Premises), invitees assignees or customers, sub-tenants) and the same is not covered under the policies of casualty insurance which are required to be paid for and performed carried by the parties pursuant to this Lease (in which case the proceeds of such insurance will be utilized to satisfy the cost thereof), the cost of such repairs or replacements shall be reimbursable by Tenant to Landlord as Additional Rent under this Lease, and such reimbursement shall be due not later than thirty (without limiting 30) days after Landlord’s other remedies hereinwritten demand therefore. Landlord, at its cost and expense (or at the expense of Landlord’s contractor, but in any event not as an Operating Cost). , upon prior notice from Tenant shall have promptly repair or replace all materials, workmanship, fixtures or equipment incorporated by Landlord in the right of self-help if Landlord fails Premises that shall prove to fulfill its obligations be defective during any applicable warranty period. In performing any warranty work pursuant to this Section 7.1, Landlord and its contractors and subcontractors shall use reasonable efforts to minimize disruption to Tenant. Subject to reimbursement as an Operating Cost pursuant to Section 9 hereof (if applicable), Landlord shall comply or cause compliance with all notices it receives of violation of Legal Requirements (as hereinafter defined) that are applicable to the terms operation of this Leasethe common and public areas in the Building and to the machinery and equipment provided by Landlord or used by its agents or contractors in the design, construction, or operation of the Building, including those portions of the base Building systems that are contained in or serve the Premises. “Legal Requirements” are all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of the Commonwealth of Virginia, Fairfax County, the United States of America and any other public or quasi-public authority having jurisdiction over the Project, including, but not limited to the Americans with Disabilities Act and regulations promulgated from time to time thereunder to the extent the same are applicable to Landlord and/or any portion of the Project.

Landlord’s Obligations. Landlord shall shall, subject to Tenant’s reimbursement as herein provided, maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of keep in good repair the Building, including without limitation, the exterior walls, the roof and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repairsidewalks, including all systems any vacant spaces and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)respective storefronts. Landlord shall also make all necessary structural repairs arrange, subject to Tenant’s reimbursement, for the collection of trash, cleaning of sidewalks, exterior window washing. Tenant shall only use the trash container in the parking or Common Area designed by Landlord for Tenant’s use. Tenant agrees that it will not, nor will it authorize any person to, go onto the roof of the Premises or the Building and without the prior consent of Landlord. Such consent will be given only upon Landlord’s satisfaction that any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost necessitated as a result of which shall be included in Operating Expenses under Article 4), excluding repairs required to Tenant’s action will be made by Tenant pursuant Landlord’s roofing contractor, at Tenant’s expense, and will be made in such a manner so as not to this Article. Landlord shall have no responsibility invalidate any guarantee relating to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareroof. Landlord shall not be liable for any failure required to make any repairs or to perform any maintenance the exterior walls, roof and sidewalks, unless such failure shall persist for an unreasonable period of time after written notice and until Tenant has notified Landlord in writing of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right had a reasonable period of time thereafter to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for commence and performed by the Tenant (without limiting Landlord’s other remedies herein)complete such repairs. Tenant shall have pay to Landlord, as Additional Rental, its pro rata share of the right cost of self-help such repairs and maintenance incurred by Landlord and replacement reserves established by Landlord. Said pro rata share shall be determined according to the area of the Premises, including mezzanine, if Landlord fails any, as it relates to fulfill its obligations the total leasable area of the Building. Said Additional Rental shall be due ten (10) days after the date of mailing of a statement therefor and payable pursuant to Section 4(B)(IV) of the terms of this Lease.

Landlord’s Obligations. Landlord Landlord, at Landlord's expense, shall repair ---------------------- and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects portions of the Building, and roof (ii) all nonstructural aspects but not roof membrane or other non-structural elements of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant roof) and structural portions of the Building is required Buildings unless the maintenance and repair are caused in whole or in part by the act, neglect, fault or omission of any duty of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which the maintenance and repairs caused in whole or in part by Tenant. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to the fixtures, appurtenances and equipment therein. Landlord's cost of performing the foregoing obligations shall be included in Operating Expenses under Article 4)Expenses; provided, excluding repairs however, any items required to be made by Tenant capitalized under generally accepted accounting principles shall only be included in Operating Expenses on an amortized basis plus interest in accordance with subsection 5(b). In addition, if the performance of Landlord's obligations pursuant to this Article. Landlord shall have no responsibility subsection 10(b) directly result in Tenant being unable to make any repairs unless conduct its business in a material portion of such Building and until Landlord receives written notice Tenant actually vacates such portion of the need Building for a period in excess of ten (10) consecutive days, then, from and after the expiration of such repair or otherwise becomes aware. Landlord ten (10) day period, Base Rent shall xxxxx on a prorated basis to the extent such portion of the Premises is untenantable until such time as the Premises is in a condition so that Tenant may reasonably resume the conduct of its business; provided, however, such abatement of Base Rent shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant apply to the terms extent Tenant's obligation for the payment of Base Rent during such period is or would be covered under insurance policies maintained or required to be maintained by Tenant under this Lease if this sentence were not included in the Lease.

Landlord’s Obligations. Landlord Landlord, at Landlord's expense shall maintain (i) keep the foundations, roof, perimeter walls foundation and exterior windows walls (except plate glass; windows, doors, door closure devices and all structural aspects other exterior openings; window and door frames, molding, locks and hardware; special store fronts; lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installations, equipment and fixtures; signs, placards, decorations or advertising media of the Building, and (ii) all nonstructural aspects of the Building which relate any type; damage caused by break-ins or attempted break-ins to the Common Areas Demised Premises; and interior painting) and roof (excluding, however, damage to flashing around rooftop air conditioning units caused by the activities of Tenant or to more than one tenant’s premisesTenant's contractors, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included Tenant's expense) in Operating Expenses under good repair. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires; and the provisions of the previous sentence are expressly recognized to be subject to the provisions of Article 4), excluding XV and Article XVI of this Lease. In the event that the Demised Premises should become in need of repairs required to be made by the Landlord hereunder, Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives give immediate written notice of the need for such repair or otherwise becomes aware. thereof to Landlord; and Landlord shall not be liable responsible in any way for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received until a reasonable time shall have elapsed after receipt by Landlord from of such written notice. Further, to the extent Tenant or after fails to timely notify Landlord otherwise becomes aware. pursuant hereto, Tenant shall be responsible for the additional costs incurred by Landlord shall make every reasonable effort to perform all effect such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any result of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if 's failure to timely notify Landlord fails to fulfill its obligations pursuant to the terms of this Leasethereof.

Landlord’s Obligations. Landlord shall maintain (i) in good condition and repair, reasonable wear and tear excepted, and in a manner consistent with comparable first class office buildings in the Milpitas/North San Xxxx area, the roof, foundations, roof, perimeter walls floor slabs and exterior windows and all structural aspects walls of the Building, and all Building systems, including, without limitation, elevator, plumbing, HVAC, electrical, security, life safety and power (ii) all nonstructural aspects of collectively, the "Base Building which relate to the Common Areas or to more than one tenant’s premisesComponents"), or which no tenant of the except that Base Building is required Components shall exclude, and Tenant shall be obligated to maintain and repair, at Tenant's sole cost and expense, any supplemental systems (including all systems air-conditioning systems), and facilities necessary equipment used in connection therewith, installed specifically for the operation Tenant, as part of the Building and the provision of services and utilities as required herein (except Tenant's initial Alterations to the extent that Premises or any of the foregoing items are installed by subsequent Alterations. The term walls as used herein shall not include windows, glass or on behalf ofplate glass, doors, special store fronts or are the property ofoffice entries. The term roof as used herein shall not include skylights, Tenant)smoke hatches or roof vents. Landlord shall also make all necessary structural repairs to maintain in good condition and repair, reasonable wear and tear excepted, the Building Common Areas, including, but not limited to, the landscaped areas, parking areas, driveways and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems cafeteria. Tenant shall reimburse Landlord for Landlord's costs of complying with its obligations under this Section 12.B. in or servicing the Premises (the cost of which shall be included in Operating Expenses under accordance with Article 4), excluding repairs required to be made by Tenant pursuant to this Article4 above. Landlord shall have no responsibility to make any repairs to the Premises that are otherwise required hereunder unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any uninsured damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant , and in addition, Landlord shall have the right to require that Tenant pay Landlord for the deductible with respect to any insured damage caused by the willful misconduct of self-help if Landlord fails to fulfill its obligations pursuant to the terms Tenant or any of this LeaseTenant's agents, contractors, employees, invitees or customers (without limiting Landlord's other remedies herein).

Landlord’s Obligations. (a) Except as otherwise stated in the Lease or this Third Amendment, Landlord shall maintain agrees to make, as soon as practicable and at its cost, any required structural repairs, maintenance and replacement to the Landlord’s Property (i) including, but not limited to the foundations, roof, perimeter roof membrane, walls and foundations) in which the Premises are located and to keep in good order, condition and repair the exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVACplumbing, electrical, HVAC and plumbing systems in similar building-wide mechanical systems, and the Common Areas, including the parking areas, except for damage thereto caused by any negligence of the Tenant, its agents, employees, contractors, licensees or servicing the Premises (the cost of invitees, which damage shall be included in Operating Expenses under Article 4)repaired by the Landlord, excluding at the expense of the Tenant; to be paid by the Tenant within thirty (30) days of after receipt of Landlord’s invoice for same. Any such payment shall be deemed payment of rent and failure to pay the same as set forth herein shall constitute an event of default hereunder. Tenant shall not be entitled to any partial or total abatement of rent for periods during which repairs are required to be made by Tenant pursuant made, whether such repairs are the responsibility of Landlord or Tenant. Notwithstanding anything contained in this Lease or this Third Amendment to this Article. the contrary, Landlord shall have no responsibility exercise commercially reasonable efforts to make minimize interference with Tenant’s business in the Premises at any time Landlord undertakes any of its maintenance or repair obligations hereunder or makes any changes or renovations to the Building. In the event that (x) such maintenance or repairs unless and until Landlord receives written notice (except where required as a result of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct negligence of Tenant or any of Tenant’s agents, employees or contractors, employees, invitees ) or customers, be paid for and performed by changes or renovations adversely interferes with Tenant’s use or occupancy of the Tenant Premises or (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant y) access to the terms Premises is unreasonably interrupted or unreasonably interfered with, and such interruption or interference continues for a period of this Leaseat least twenty-four (24) hours, then all rent shall be abated during the period of such interruption or interference starting from the date after the expiration of the foregoing twenty-four (24) hour period until the date the interruption or interference, as the case may be, ceases.”

Landlord’s Obligations. Subject to Sections 15 and 16, Landlord shall maintain (i) in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects portions of the Building which relate to including the Common Areas or to more than one tenant’s premisesexterior walls, or which no tenant of underflooring and roof, the Building is required to maintain and repairbasic heating, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf ofventilating, or are the property ofair conditioning, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVACplumbing, electrical, arid fire detection and plumbing systems in or servicing security systems, and all other portions of the Premises (not the cost obligation of which shall be included Tenant or any other tenant in Operating Expenses under Article 4)the Building. However, excluding repairs required to be made if any such maintenance or repair becomes necessary in whole or in part because of wrongful acts or omissions by Tenant pursuant to this Article. Landlord or Tenant's employees, agents, invitees or customers, or because of a breaking and entering, Tenant shall have no responsibility to make any repairs unless and until Landlord receives written notice of pay the need for such repair or otherwise becomes awareentire cost thereof upon demand. Landlord shall not be liable to Tenant, and rent shall not be abated, for any failure by Landlord to maintain and repair areas which are being used in connection with construction of improvements, or for any failure to make any repairs or to perform any maintenance unless such failure shall persist continue for an unreasonable period of time after written notice of the need for such repairs or maintenance therefor is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall also not be liable to Tenant under any circumstances for any interruption or loss of profits or for injury to or interference with Xxxxxx's business pertaining arising from or in connection with the making of or the failure of Landlord to such activitiesmake any repairs, maintenance, alterations or improvements in order to make any repairs, maintenance, alterations or improvements in or to any portion of the Building or the Common Areas or in or to fixtures, appurtenances and equipment therein. Landlord shall have Notwithstanding the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)foregoing. Tenant shall have the right of self-help if Landlord fails to fulfill make any repairs or perform any maintenance within a reasonable time after written notice of the need therefor from Tenant to Landlord, Tenant may, after giving Landlord at least ten (10) days' prior written notice of its obligations pursuant intent to do so, make necessary repairs or perform necessary maintenance, provided, however, (a) Tenant's work does not affect structural elements of the terms Building or Building systems, and (b) so long as Landlord is diligently attempting to make the necessary repairs or perform the necessary maintenance, Tenant shall have no right of this Lease"self-help."

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall maintain shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (ia) the foundations, roof, perimeter exterior walls and exterior windows foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all structural aspects of other mechanical equipment; the Buildingwater, sewer, plumbing, and (ii) all nonstructural aspects electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant event of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing items are installed provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or on behalf ofregulation of any regulatory body, or are because of any act or default on the property ofpart of Tenant, Tenant). Landlord or because Tenant has overloaded any electrical or other system in the building, Tenant shall also make all necessary such structural repairs to the Building at its sole cost and any necessary repairs to the Building standard mechanicalexpense, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives after first obtaining Landlord's written notice approval of the need for plans and specifications and furnishing such repair or otherwise becomes aware. indemnification against liens, costs, damages and expenses as Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasemay reasonably require.

Landlord’s Obligations. Landlord shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the Building, which structural parts include, but are not limited to, the foundation, subflooring, existing below grade plumbing, exterior walls, roof structure and (ii) all nonstructural aspects roofing, except for any damage thereto caused by the negligence or willful, acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms, conditions or covenants in this Lease, or caused by Alterations made by Tenant or by Tenant's agents, employees or contractors, which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, shall be Tenant)'s responsibility. Landlord shall also make all necessary structural repairs maintain, repair and replace the HVAC system for the Premises and Tenant shall reimburse Landlord for the maintenance costs thereof, as and when billed by Landlord. If such HVAC system is not separately metered to the Building and any necessary repairs to the Building standard mechanicalPremises, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which Tenant shall be included in Operating Expenses under Article 4)billed for its proportionate share of such maintenance cost as reasonably determined by Landlord. At Landlord's option, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by Tenant to maintain and repair the willful misconduct HVAC and for it to be maintained in good condition at all times and Tenant shall obtain an HVAC system preventive maintenance contract with bi-monthly service which shall be subject to the reasonable approval of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be Landlord and paid for by Tenant and performed by which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil change and other preventive maintenance. If the Landlord's repairs materially interfere with Tenant's use of the Premises for more than ten (10) days, the Monthly Rent shall xxxxx until the repairs are complete or until Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right has substantial use of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeasePremises again, whichever occurs first.

Landlord’s Obligations. Landlord shall repair, maintain in good and tenantable condition (iand in compliance with Legal Requirements and requirements of the insurance underwriter(s) for the foundationsShopping Center) and replace, as necessary, the roof, perimeter walls exterior walls, and exterior windows structural parts of the Premises (including the structural floor), and all structural aspects Utility Installations serving the Premises on a nonexclusive basis (except where the appropriate utility company performs such duties) or that form a centralized Air Conditioning System serving the Premises on a nonexclusive basis. In no event shall Landlord be required to make repairs necessitated by the negligence or willful acts of Tenant or anyone claiming under Tenant, because of the Building, and (ii) all nonstructural aspects failure of Tenant to perform or observe any term or condition of the Building which relate to the Common Areas or to more than one tenant’s premisesLease, or which no tenant because of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (Improvements made by Tenant except to the extent that any of otherwise covered by the foregoing items are installed by or on behalf of, or are insurance Landlord is required to carry under the property of, Tenant)Lease. Landlord shall also make all necessary structural repairs be under no obligation to repair, replace or maintain the Premises or the mechanical equipment exclusively serving the Premises at any time, except as the Lease expressly provides. Notwithstanding anything to the Building and any necessary repairs to contrary contained in the Building standard mechanicalLease, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not in any way be liable to Tenant for any failure to make repairs or to perform any maintenance as herein specifically required of it unless such failure shall persist for an unreasonable period of time after written notice Tenant has previously notified Landlord of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period following receipt of Tenant's notification. As used in this Article 12, "exterior walls" shall exclude storefronts, plate glass, window cases or maintenance is received window frames, doors or door frames, security grilles or similar enclosures. The definition of Common Area Expenses includes all work performed by Landlord from Tenant or after Landlord in accordance with this Section except as otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance expressly provided for in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows windows, and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Except as provided in Sections 8.02 and 8.03 below, Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to in good order and repair throughout the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain Lease Term and repair, including all systems and facilities shall as necessary for the operation of (as reasonably determined by Landlord) repair latent defects in the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made if not caused by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of or its employees, agents or contractors ) the need for such repair or otherwise becomes aware. Premises; provided, however, that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant Tenant. Notwithstanding the foregoing, if Landlord's failure to make any required maintenance or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner repair (in its judgmenta) so as to cause minimum interference with Tenant and materially impairs Tenant's use of the Premises but or a substantial portion thereof, and (b) continues for more than ten (10) consecutive business days, then commencing on the eleventh (11th) business day following Landlord's receipt of written notice of such failure from Tenant, Tenant's obligation to pay Net Rent (defined in Section 7.02 above) shall abatx xx proportion to the magnitude of the impairment until such time as said maintenance or repair is performed. If Landlord and Tenant disagree on the amount of Net Rent to be abated, said dispute shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations resolved pursuant to the terms ADR Process described in Section 27.21 below. Except as provided in the immediately preceding sentence or in Article XI, there shall be no abatement of this LeaseRent, nor shall there be any liability of Landlord, by reason of any injury or inconvenience to, or interference with, Tenant's business or operations arising from the making of, or failure to make, any maintenance or repairs in or to any portion of the Building.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate Notwithstanding anything to the Common Areas or to more than one tenantcontrary contained in this Agreement, except for Sublessor’s premisesexpress obligations set forth in this Agreement, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord Sublessor shall have no responsibility to make any repairs unless Tenant for, and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for required to provide, any failure of the services or make any of the repairs, restorations, improvements, or alterations that Landlord has agreed to make repairs or provide, or cause to be made or provided, under the Lease, including, but not limited to, any actions or obligations with respect to the maintaining, operating, and insuring the Building or the Property (collectively, the “Landlord Obligations”), and Tenant shall rely upon, and look solely to, Landlord for the provision of such Landlord Obligations. In the event Landlord fails to provide any of such Landlord Obligations, Sublessor shall reasonably cooperate with Tenant to obtain such Landlord Obligations, and Sublessor shall take reasonable action to exercise its remedies available to it as tenant under the Lease to obtain such Landlord Obligations, but in no event shall Sublessor be obligated to bring any lawsuits or other legal proceedings to obtain such Landlord Obligations. Except as otherwise expressly provided in this Agreement, in no event shall Tenant receive an abatement of Rent for the failure of Landlord to provide or perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareObligations unless Sublessor receives a corresponding abatement under the Lease. Landlord Furthermore, notwithstanding anything contained in this Agreement to the contrary, Sublessor shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable have no responsibility to Tenant for any interruption representation or loss of business pertaining warranty made by Landlord under the Lease, and such representations and warranties shall not be deemed to such activities. Landlord shall have be made by Sublessor for the right to require that any damage caused by the willful misconduct benefit of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of unless expressly set forth in this LeaseAgreement.

Landlord’s Obligations. Sublandlord hereby grants to Subtenant the right to receive all of the services and benefits with respect to the Subleased Premises which are to be provided by Landlord under the Original Master Lease. Subtenant agrees that Sublandlord shall maintain not be required to perform any of the covenants, agreements, and/or obligations of Landlord under the Original Master Lease and insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Original Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Original Master Lease. Except to the extent caused by Sublandlord or Sublandlord’s breach of this Sublease or the Original Master Lease, Sublandlord shall not be responsible for any failure or interruption of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) the foundationsabatement, roofdiminution or reduction of Subtenant’s obligations under this Sublease except as otherwise provided herein, perimeter walls and exterior windows and all structural aspects of the Building, and or (ii) all nonstructural aspects liability on the part of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (Sublandlord except to the extent such failure or interruption is caused by Sublandlord or Sublandlord’s breach of this Sublease or the Original Master Lease, except that any if Sublandlord receives an abatement of the foregoing items are installed by or on behalf of, or are the property of, Tenant). rent from Landlord shall also make all necessary structural repairs relating to the Building Subleased Premises, Subtenant shall receive a corresponding abatement of Rent hereunder. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may be necessary, under the circumstances, to secure such performance upon Subtenant’s request to Sublandlord to do so and any necessary repairs to shall thereafter diligently prosecute (including taking appropriate legal action) such performance on the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost part of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleLandlord. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord Sublandlord agrees that Subtenant shall have the right to require take any action against Landlord in Sublandlord’s name; provided, however, that Subtenant shall indemnify and hold Sublandlord harmless against all liability, loss or damage which Sublandlord may incur or suffer by reason of any damage caused by such action, and that Subtenant provided to Sublandlord copies of all papers and notices of all proceedings so Sublandlord may be kept informed in respect thereof Sublandlord shall execute any documents reasonably required to permit Subtenant to take any such action in Sublandlord’s name. Sublandlord shall, from and after the willful misconduct of Tenant or date hereof, immediately forward to Subtenant any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant notices relating to the terms of this LeaseSubleased Premises received by Sublandlord from Landlord.

Landlord’s Obligations. Subject to Tenant's obligations under Article 22.1 and Landlord's further obligations, if any, under Article 24.2, Landlord shall, at the expense of Tenant and all other tenants of the Shopping Center, repair and maintain in good and tenantable condition the roof, exterior walls, structural parts of the Premises and Building (including the structural floor) and HVAC system serving the Premises. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects xxxx Tenant for Tenant's Proportionate Share of the Buildingcost of such repairs and maintenance as a part of Common Area Costs under Article 24 hereof. Landlord shall, at Landlord's expense, contract with the most qualified and most reasonable service company for the monthly maintenance of the HVAC system serving the Premises. Landlord may xxxx Tenant for the cost of such HVAC maintenance contract and repairs as part of Common Area Costs under Article 24 hereof. Notwithstanding anything to the contrary contained herein, (1) Tenant shall be responsible for the cost of repairs to the HVAC system serving the Premises (which Landlord shall xxxx to Tenant as a part of Common Area Costs under Article 24 hereof), and (ii2) all nonstructural aspects Tenant shall be responsible at its expense for making any repairs necessitated by reason of the Building which relate willful misconduct or gross negligence of Tenant, or by reason of the failure of Tenant to perform or observe any of its obligations under this Lease or by reason of alterations, additions, or improvements to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleTenant. Notwithstanding the foregoing, Landlord shall have the right (but shall not be required to) make such repairs so necessitated by Tenant. If Landlord elects to make such repairs on Tenant's behalf, and such repairs were necessary because of Tenant's willful misconduct or gross negligence, Tenant shall pay to Landlord any such reasonable costs incurred by Landlord promptly following receipt of a xxxx therefor. It is understood and agreed that Landlord is under no responsibility obligation to make any repairs unless and until Landlord receives written notice of the need for such repair repairs, alterations, replacements or otherwise becomes aware. Landlord shall not be liable for any failure improvements to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but or the mechanical equipment exclusively serving the Premises at any time except as expressly set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable to Tenant for any interruption or loss failure to make repairs required of business pertaining Landlord hereunder unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to such activities. Landlord commence and complete those repairs within a reasonable period of time (which shall have the right to require that any damage caused by the willful misconduct of Tenant or any in no event be more than five (5) days following receipt of Tenant’s agents, contractors, employees, invitees or customers, be paid for 's notice and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant b) to the terms extent that Landlord's insurance pays Landlord for any repair or maintenance that has been paid by or charged to ____________________ ______________________ Xxxxxxxx Xxxxxx Xxxxxx, Xxxxxxxx shall pay such amount of this Leaseinsurance proceeds to Tenant, regardless of whether the repair or maintenance was necessary because of Tenant's negligence or misconduct.

Landlord’s Obligations. Landlord at its sole cost and expense, shall maintain (i) in good condition, order, and repair, and replace as and when necessary, the foundationsfoundation, rooffootings, perimeter walls poured concrete floors, exterior walls, load bearing walls, and exterior windows and all structural aspects roof structure of the Building. Notwithstanding the foregoing, during the initial Term of this Lease, Landlord shall be obligated to perform and pay for the work of replacement of the roof membrane at the end of its useful life (as determined in accordance with Landlord's reasonable judgement and consistent with prudent standards for building owners in the San Jose area) at Landlord's sole cost and expense. If Landlord fails to xxxsonably act to perform its repair obligations of this Paragraph 8.A, and (ii) all nonstructural aspects of such failure materially affects Tenant's ability to use and occupy the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary Premises for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf ofpurposes permitted herein, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than ten (10) business days after written notice from Tenant; provided, however, that if the nature of self-help if the repairs and/or maintenance to be completed by Landlord fails is such that more than 10 business days are required to fulfill complete such repairs and/or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs and/or maintenance and thereafter diligently pursue such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of Tenant's written demand therefore, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good and workmanlike manner by licensed contractors. If Landlord objects to the repairs and/or maintenance performed or the expenses incurred by Tenant in performing such work, Landlord shall deliver a written notice of Landlord's objection to Tenant within thirty (30) days after Landlord's receipt of Tenant's invoice evidencing the expenses incurred by Tenant. Landlord's notice shall set forth in reasonable detail Landlord's reasons for its claim that such repairs and/or maintenance were not required or were not Landlord's obligations pursuant to in the terms of this Leaselease and/or the reasons for Landlord's dispute of the expenses incurred by Tenant in performing such work. If Landlord and Tenant fail to resolve any such dispute within said thirty (30) day period, after Landlord has notified Tenant of Landlord's objections, the matter shall be resolved pursuant to Section 19.E. below.

Landlord’s Obligations. Landlord shall promptly repair, replace and maintain (i) the foundationsexterior and structural portions of the Premises, including without limitation, the roof, perimeter walls the roof covering, walls, foundation, exterior paint, exterior glass, floors (other than carpeting) and exterior windows and all structural aspects of the BuildingBuilding Systems including without limitation, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premisesplumbing, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanicalelectrical, HVAC, electrical, utility and plumbing systems sewer lines and sprinkler systems. The Premises shall be delivered to Tenant by Landlord within ten (10) days after the Reference Date in or servicing the substantially same condition as the Premises (the cost of which shall be included in Operating Expenses under Article 4)exist today, excluding repairs required to be made by Tenant pursuant to this Article. but Landlord shall have no responsibility the obligation to make any repairs unless and until Landlord receives written notice of complete Landlord’s Work on or before the need Delivery Date. Except for such repair obligations as may be required with respect to the foregoing and repair and warranty obligations with respect to Landlord’s Work, by taking possession of the Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them except for such items for which Tenant shall have given written notice to Landlord within sixty (60) days after the Rent Commencement Date, except that with respect to the HVAC system, seasonal items, items under warranty and latent defects, Tenant shall have up to one (1) year to notify Landlord of the same. It is hereby understood and agreed that no representations respecting the condition of the Premises or otherwise becomes awarethe Building have been made by Landlord to Tenant, except as specifically set forth in this Lease. Notwithstanding the foregoing, Landlord shall not be responsible for repairs associated with defects in the Tenant Work performed pursuant to Exhibit “B” attached hereto and Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation portions of the Building and the provision plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) or (ii) caused in part or in whole by the act, neglect or omission of services any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost of such maintenance and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)repairs. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. Except as provided in Paragraph 20, Tenant will not be entitled to any abatement of rent and Landlord from Tenant will not have any liability by reason of any injury to or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises but Landlord shall not be liable or in or to Tenant for fixtures, appurtenances and equipment therein. Notwithstanding the foregoing, if any interruption or loss in the provision of the services described in this Subparagraph 14(a) occurs and such interruption materially interferes with Tenant's use and occupancy of the Premises for more than ten (10) continuous business pertaining to such activities. Landlord days, Tenant shall have the right to require xxxxx Base Rent payable with respect to the period of interruption following such ten (10) business day period, but only to the extent of any rent loss insurance proceeds received by Landlord in connection with such abatement. Such abatement shall be in the proportion that any damage caused such interference bears to Tenant's normal operations in the Premises, as agreed to by the willful misconduct of Tenant Landlord and Tenant; provided, however, in no event shall Landlord be liable for damages or any of Tenant’s agents, contractors, employees, invitees other amounts or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)expenses attributable to such interruption. Tenant shall have waives the right of self-help if Landlord fails to fulfill its obligations pursuant make repairs at Landlord's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the terms extent the Premises are located in California, the provisions of this LeaseCalifornia Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature).

Landlord’s Obligations. Landlord shall maintain (i) the foundationsshall, roofat Landlord's expense, perimeter walls keep in good condition, order and exterior windows and repair all structural aspects elements of the Building, including the foundation, floors and subfloors (iibut not floor coverings) all nonstructural aspects and exterior and load bearing walls and columns of the Building which relate to (excluding the Common Areas or to more than one tenant’s premisesinterior of all walls and the exterior and interior of all windows, or which no tenant doors, plate glass, and show cases), and the structural portions of the exterior roof of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except that Tenant shall repair at Tenant's expense any damage, to the extent that the cost thereof is not actually reimbursed or paid for by insurance, caused by the activities of Tenant, Xxxxxx's HVAC maintenance service contractor, and/or Tenant's other agents or contractors on the roof, including but not limited to the installation of air conditioning equipment and/or duct work, or other roof penetrations, and improper flashing or caulking, and any of the foregoing items are damage to exposed air conditioning equipment and duct-work installed by or on behalf of, or are the property of, for Tenant). Notwithstanding anything to the contrary in Paragraph 8.1 above, in the event a full replacement of the roof membrane installed on the Building is required, such full replacement shall be performed by Landlord at Landlord's sole cost. Landlord shall also make all necessary structural exercise reasonable diligence in performing such repairs to the Building and any necessary repairs to the Building standard mechanicalas soon as practicable. However, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure obligation to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of under this Paragraph 8.2 until a reasonable time after Xxxxxxxx's receipt of written notice from Tenant of the need for such repairs or maintenance is received Landlord otherwise acquires knowledge of such need. Except as otherwise specifically provided herein, there shall be no abatement of rent or other sums payable by Landlord from Tenant prior to or during any repairs by Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform Landlord, and Tenant waives all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant claims for any interruption or loss of business pertaining or lost profits relating to any such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepairs.

Landlord’s Obligations. Landlord shall maintain keep in good order, condition and repair the structural parts of the Building, which structural parts consist only of the foundation, subflooring, exterior walls (i) excluding the foundations, roof, perimeter interior of all walls and the exterior windows and interior of all structural aspects windows, doors, ceilings, and plate glass), and roof of the Building, and all plumbing and electrical facilities leading up to (iibut not situated within) all nonstructural aspects the Building, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms of this Lease, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed caused by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be Alterations made by Tenant pursuant or by Tenant's agents, employees or contractors. It is an express condition precedent to this Article. all obligations of Landlord to repair and maintain that Tenant shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from Tenant or after Landlord otherwise becomes awarethe Rent due under this Lease. Landlord shall make every reasonable effort to perform all such repairs or keep in good order, condition, repair and maintenance in such the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a manner (in its judgment) so as to cause minimum interference with Tenant qualified vendor for the purpose of maintaining the Building's HVAC system, and a roof maintenance service contract from a qualified vendor for the Premises but Landlord shall not be liable to Tenant for any interruption or loss purpose of business pertaining to such activitiesmaintaining the Building's roof. Landlord shall have determine in its sole discretion whether any such vendor is qualified. Any and all costs of any maintenance or repair of the right HVAC system or the roof (including without limitation the cost of maintaining HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable solely by Tenant for the year in which such cost is incurred. Landlord may elect, in its sole discretion, to require paint the exterior of the Building and/or to replace or perform capital improvements to any area or aspect of the Building which Landlord is required keep in good order, condition and repair. If Landlord decides, in its sole discretion, to replace the roof of the Building during the Term, then the cost of so replacing the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the roof (as determined by Landlord in its sole discretion) (the "Useful Life"), and the entire amount of such amortized costs and interest shall be included in the monthly Common Area Maintenance Costs payable solely by Tenant during the entire period over which such costs are amortized, until Tenant has paid to Landlord that any damage caused proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such roof replacement was completed, divided by (b) the willful misconduct number of Tenant or any months of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant Useful Life; provided that in no event shall such proportion exceed one hundred percent (without limiting Landlord’s other remedies herein100%). For the purposes of example only and not by way of limitation, if the Building's roof is replaced twenty-four (24) months before the end of the Term, at a cost of Fifty Thousand Dollars ($50,000.00), and the Useful Life is one hundred twenty (120) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Sixteen and 67/100ths Dollars ($416.67) per month, with interest at the Interest Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the balance of the Term shall equal Four Hundred Sixteen and 67/100ths Dollars ($416.67), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Ten Thousand Dollars It is the express intent of the parties that except as specifically set forth in this Paragraph 17.A, Landlord shall have no obligation whatsoever to repair or maintain the Building, and that Tenant shall have be responsible for performing all repair, operation, and maintenance of the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of Building except for those tasks specifically described in this Lease.Paragraph 17.A.

Landlord’s Obligations. Landlord at its sole cost and expense, shall maintain (i) in good condition, order, and repair, and replace as and when necessary, the foundationsfoundation, rooffootings, perimeter walls poured concrete floors, exterior walls, load bearing walls, and exterior windows and all structural aspects roof structure of the Building, . If Landlord fails to reasonably act to perform its repair obligations of this Paragraph 8.A or to restore any existing utilities interrupted between the street and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant Landlord's or any of its Agents' actions or omissions, and such failure materially affects Tenant’s agents's ability to use and occupy the Premises for the purposes permitted herein, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than ten (10) days after written notice from Tenant; provided, however, that if the nature of self-help if the repairs and/or maintenance to be completed by Landlord fails is such that more than ten (10) days are required to fulfill complete such repairs and/or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs and/or maintenance and thereafter diligently pursue such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of Tenant's written demand therefore, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good and workmanlike manner by licensed contractors. If Landlord objects to the repairs and/or maintenance performed or the expenses incurred by Tenant in performing such work, Landlord shall deliver a written notice of Landlord's objection to Tenant within thirty (30) days after Landlord's receipt of Tenant's invoice evidencing the expenses incurred by Tenant. Landlord's notice shall set forth in reasonable detail Landlord's reasons for its claim that such repairs and/or maintenance were not required or were not Landlord's obligations pursuant to in the terms of this Leaselease and/or the reasons for Landlord's dispute of the expenses incurred by Tenant in performing such work. If Landlord and Tenant fail to resolve any such dispute within said thirty (30) day period, after Landlord has notified Tenant of Landlord's objections, the matter shall be resolved by binding arbitration.

Landlord’s Obligations. Landlord shall maintain (i) the foundationsExcept for 4100, roof4102, perimeter walls 4104, 4106, 4108 and exterior windows and 4000 Xxxxxxx Xxxxxx all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost portions of which shall be included maintained, repaired and kept in Operating Expenses under good order, condition, repair and structurally sound by Tenant during the Lease Term and as provided in Article 4Five (Damage or Destruction) and Article Six (Condemnation), excluding repairs required to be made Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Premises (including painting the exterior surface of the exterior when Landlord deems it necessary in his sole and absolute discretion) and all pipes and conduits located beyond the boundaries of the Premises except for those installed by Tenant pursuant to this Articleor for the Tenant. Landlord shall have no responsibility not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make any repairs unless and until Landlord receives under this Section within a reasonable time after receipt of written notice from Tenant of the need for such repair repairs. At Landlord’s request, Tenant shall remove at Tenant’s sole expense all equipment installed by Tenant and all equipment for which Tenant is responsible from any area being maintained, replaced or otherwise becomes awareneeding repair. In the event Tenant fails to comply with this provision, Landlord shall not be liable for is relieved from any failure obligation to make repairs repairs, but if Landlord determines to make such repairs, maintenance or to perform any maintenance unless replacements, Landlord may remove and put back such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable equipment without liability to Tenant for any interruption result of such moving except for damage caused by Landlord’s gross negligence or loss of business pertaining to such activities. willful misconduct, and Landlord shall have the right to require that any damage caused include all costs related to the moving of such equipment as additional charges payable by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the which Tenant (without limiting shall pay upon demand. If Tenant delays Landlord’s other remedies herein). maintenance, repair and/or replacement, Tenant shall have reimburse Landlord for all increases in costs and increases in scope of work arising from the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasedelay.

Landlord’s Obligations. Landlord shall maintain maintain, in a condition similar to other first-class office buildings in the Boston market and in material compliance with all applicable Laws (other than those Laws applicable to a tenant’s unique use and occupancy of its premises or to any alterations or other work performed by, on behalf of, or at the request of, such tenant), (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Building Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses to the extent permitted under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleArticle 12. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for damages arising from any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant (except as may otherwise be expressly provided in this Lease) for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require (subject to Article 8.C.) that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, contractors or employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. (a)Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall maintain (i) use reasonable efforts to cause the Association to keep the following in good order, condition and repair: the foundations, roof, perimeter exterior walls and roof of the Property (including painting the exterior windows surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all structural aspects components of the Buildingelectrical, mechanical, plumbing, heating and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all air conditioning systems and facilities necessary for located in the operation Project which are concealed or used in common by Tenants of the Building and Project. However, neither Landlord nor the provision Association shall be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of services and utilities as required herein (exterior walls except to the extent that any those of the foregoing items are installed by or on behalf of, or are the property of, Tenant)common areas. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanicalmake, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required cause to be made by Tenant pursuant to made, repairs under this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repair or otherwise becomes awarerepairs. Landlord and Tenant acknowledge that Building A was recently constructed and has not been occupied prior to this Lease. Accordingly, Landlord represents and warrants, for a period of one (1) year from the notice of completion, that the Property, excluding any portion of the Property that Tenant is obligated to maintain, is free of defects in material and labor, and that all building systems constructed or installed by or for Landlord are new and in good working order. In the event that one or more defects are found, within such one (1) year period, Landlord shall, upon written notice from Tenant, cause any defect in material or labor to be corrected at Landlord's sole cost and expense, without pass-through to Tenant. (b)Tenant shall not be liable pay or reimburse the Association for all costs the Association incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any failure statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this Lease due to Landlord's failure shall persist for an unreasonable period of time after written notice of to keep the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareProperty in good order, condition and repair. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseSection 6.04.

Landlord’s Obligations. Landlord shall maintain (i) in good condition and repair, reasonable wear and tear excepted, the roof, foundations, roof, perimeter walls floor slabs and exterior windows and all structural aspects walls of the Building, and all Building systems, including, without limitation, elevator, plumbing, HVAC, electrical, security, life safety and power (ii) all nonstructural aspects of collectively, the “Base Building which relate to the Common Areas or to more than one tenant’s premisesComponents”), or which no tenant of the except that Base Building is required Components shall exclude, and Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, any special or supplemental systems (including all systems air-conditioning systems), and facilities necessary equipment used in connection therewith, installed specifically for the operation Tenant, as part of the Building and the provision of services and utilities as required herein (except Tenant’s initial Alterations to the extent that Premises or any of the foregoing items are installed by subsequent Alterations. The term walls as used herein shall not include windows, glass or on behalf ofplate glass, doors, special store fronts or are the property ofoffice entries. The term roof as used herein shall not include skylights, Tenant)smoke hatches or roof vents. Landlord shall also make all necessary structural repairs to maintain in good condition and repair, reasonable wear and tear excepted, the Building Common Areas, including, but not limited to, the landscaped areas, parking areas, driveways and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems cafeteria. Tenant shall reimburse Landlord for Landlord’s costs of complying with its obligations under this Section 12.B. in or servicing the Premises (the cost of which shall be included in Operating Expenses under accordance with Article 4), excluding repairs required to be made by Tenant pursuant to this Article4 above. Landlord shall have no responsibility to make any repairs to the Premises that are otherwise required hereunder unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord On or before the Commencement Date, Landlord, at Landlord's expense, will cause to be installed on the Premises, including the Phase 2 Area, a new high quality heating, ventilation, air-conditioning and cooling system (collectively the "HVAC System") on the Premises and the Phase 2 Area that is sufficient to meet the reasonable needs of Tenant during the term of this Lease. The HVAC System will comply with all applicable laws and regulations. Subject to the provisions of Section 13 and except for damages caused by any negligent or intentional act or omission of Tenant and Tenant's agents, employees or invitees, Landlord, at Landlord's expense, shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter exterior walls and the exterior windows and all structural aspects roof of the BuildingPremises. On or before the Commencement Date, and (ii) all nonstructural aspects Landlord will obtain a prepaid service contract with a qualified roofing contractor that provides for the maintenance of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant exterior roof of the Building is Premises for one year after the Commencement Date. Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain and repairthe interior surface of exterior walls, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by windows, doors or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articleplate glass. Landlord shall have no responsibility obligation to make any repairs unless and under this Paragraph 8.1 until Landlord receives a reasonable time after receipt of written notice of the need for such repair repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise becomes aware. Landlord shall not be liable for any failure afford Tenant the right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and keep the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsin good order, contractors, employees, invitees or customers, be paid for condition and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Landlord shall promptly repair and maintain (i) in good order and condition the foundations, Common Areas and the roof, perimeter walls foundation, load-bearing walls, columns and exterior windows beams, and all structural aspects heating, ventilation, and air conditioning equipment (provided Landlord shall only be obligated for replacement, not repair or maintenance, of HVAC equipment) of the Building, and the outside Building plumbing, electrical and other facilities serving the Premises, except for (i) maintenance or repairs required because of any negligent or intentional act or omission of Tenant or Tenant’s Permittees, including without limitation, damage to the interior or exterior of the Building or the parking stalls and covers, or (ii) all nonstructural aspects maintenance, repairs, alterations or improvements required by a rule, regulation, ordinance, order, code, law or requirement of any governmental authority or insurer as a result of Tenant’s use or possession of the Building which relate to the Common Areas or to more than one tenant’s premisesPremises. Except as provided elsewhere in this Lease, or which no tenant of the Building is required to maintain Monthly Rent shall not xxxxx and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for by reason of any failure to make repairs injury or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Premises; provided, however, Landlord shall make every reasonable effort to perform all such repairs or maintenance work in such a manner (in its judgment) so as to cause minimum interference not unreasonably interfere with the conduct of Tenant’s business. Tenant and the Premises but Landlord shall not be liable entitled to undertake any such maintenance or repairs, whether at the expense of Tenant or Landlord. Tenant shall pay to Landlord Tenant’s Share of the costs incurred by Landlord in-performing such repair and maintenance obligations in accordance with the provisions of Article 5 above; provided that Tenant has no obligation to pay for any interruption repairs necessitated by faulty construction performed by Landlord except for those repairs necessitated by defects waived by Tenant pursuant to Section 6.2. 3f Landlord elects to perform maintenance or loss of business pertaining repairs required due to such activities. Landlord shall have the right to require that any damage caused by the willful negligence or misconduct of Tenant or any of Tenant’s agentsPermittees, contractors, employees, invitees or customers, be paid Tenant shall reimburse Landlord for and performed all costs so incurred by the Tenant Landlord (without limiting including a reasonable charge for Landlord’s other remedies herein). Tenant shall have the right overhead) within 10 days after delivery of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasedemand by Landlord.

Landlord’s Obligations. Landlord shall maintain (i) keep the foundationsBusiness Park, including the foundation, exterior walls, roof, perimeter and common area of the Business Park, and the equipment whether used exclusively for the Premises or in common with other premises, in good condition and repair subject to reimbursement by Tenant in accordance with ¶5. There shall be no abatement of Rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs made by Landlord to the Business Park or any part thereof. Notwithstanding the above, Landlord, at Landlord’s cost, shall repair and maintain the structural parts of the Premises which structural parts include only the foundation, exterior walls (excluding the surfaces of all walls and the exterior windows and interior of all structural aspects windows, doors, plate glass, showcases and interior ceiling), roof structure (but not roof membrane), columns and foundations of the BuildingPremises unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional Rent, the reasonable cost of such maintenance and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except repairs to the extent that any of the foregoing items are installed such cost is not covered by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareinsurance proceeds received Landlord. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord shall fail to commence to make such failure shall persist for an unreasonable period of time repairs or perform such maintenance within thirty (30) days after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes aware. Tenant, except in the event of an emergency in which case Landlord shall make every reasonable effort commence to perform all as soon as practicable possible. In event Landlord fails to perform such maintenance or commence such repairs or maintenance with in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)time period set forth above. Tenant shall have the right, after five (5) days written notice to Landlord, to perform the repairs or maintenance which are the subject of the notice at Landlord’s cost and Landlord shall reimburse Tenant for the reasonable costs Tenant incurred in performing Landlord’s obligations under this ¶13.a.; provided, however, that in no event shall Tenant have the right to offset against Rent or other sums owing under this Lease, any amount so incurred by Tenant. There shall be no abatement of self-help if Rent and no liability of Landlord fails by reason of any injury to fulfill its obligations pursuant or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to or maintenance of any portion of the terms Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Except for the cost of repairing and maintaining those structural portions of the Premises as described in the first sentence of this Lease¶13.a., the cost of any repair, maintenance, alteration or improvement provided for herein and which is paid for by Landlord shall be included in the Operating Expenses as defined in ¶5.

Landlord’s Obligations. Subject to the provisions of Article 6 regarding damage, destruction and condemnation, and except for any damage for which Tenant is responsible pursuant to Section 5.4 below and the lamps, ballasts and lights within the Leased Premises, Landlord shall maintain shall, throughout the Term, keep the Leased Premises (iexcept for Tenant’s maintenance obligations set forth in this Lease, including, but not limited to, Section 5.4 herein below) Common Areas, the foundationswarehouse floor, rooffencing, perimeter walls paving, parking areas, foundation, roof and exterior windows and all structural aspects elements of the Building, and (ii) all nonstructural aspects including structural portions of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation exterior walls of the Building and the provision electrical system (including, but not limited to, lobby elevators (along with any freight elevators existing in the Leased Premises as of services the date of this Lease), escalators and utilities as required herein (heating, air-conditioning or ventilating systems of the Leased Premises) and fire protection sprinkler system serving the Leased Premises and Building in good order, condition and repair and in accordance with the requirements of applicable laws, rules and regulations; provided, the cost of such maintenance and repair may be included in Operating Expenses. In addition, Landlord shall maintain in good order and condition the Common Areas of the Building and the Property and make all necessary repairs, the cost of which maintenance and repair may be included in Operating Expenses. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the surfaces of interior walls within the Leased Premises, except to the extent that any such maintenance or repair is made necessary by the breach of Landlord’s obligations under this Lease, or Landlord’s gross negligence or willful misconduct. Landlord and Tenant intend that, at all times during the Term, Landlord shall maintain the Common Areas of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electricalProperty, and plumbing systems all improvements situated thereon, in or servicing a neat, sightly, and fully operative condition similar to comparable projects in the Premises (the cost of which shall be included in Operating Expenses under Article 4)Jacksonville, excluding repairs required to be made FL market area as reasonably determined by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord; provided, however, Landlord shall not be liable for in default of any failure to make repairs or to perform any of its maintenance unless such failure shall persist for an unreasonable period of time after obligations under this Lease until Landlord has received written notice of from Tenant specifying the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss expiration of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasecure period therefor.

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall maintain shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (ia) the foundations, roof, perimeter exterior walls and exterior windows foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all structural aspects of other mechanical equipment; the Buildingwater, sewer, plumbing, and (ii) all nonstructural aspects electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant event of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing items are installed provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or on behalf ofregulation of any regulatory body, or are because of any act or default on the property ofpart of Tenant, Tenant). Landlord or because Tenant has overloaded any electrical or other system in the building, Tenant shall also make all necessary such structural repairs to the Building at its sole cost and any necessary repairs to the Building standard mechanicalexpense, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives after first obtaining Landlord=s written notice approval of the need for plans and specifications and furnishing such repair or otherwise becomes aware. indemnification against liens, costs, damages and expenses as Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasemay reasonably require.

Landlord’s Obligations. Landlord shall maintain maintain, repair and replace or cause to be maintained, repaired and replaced the roof (i) the foundationsfor amounts in excess of $2,500 per each lease year), roof, perimeter walls foundations and exterior windows and all structural aspects walls of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation structure of the Building and the provision of services underground utility and utilities as required herein (except to sewer pipes outside the extent that any exterior walls of the foregoing items are installed Building, if any, in reasonably good order and reasonably good operating condition except for damage occasioned by any act or on behalf ofomission of Tenant or Tenant's employees, guests, agents, customers, independent contractors, or are invitees, the property ofrepair of which damage shall be paid for by Tenant within ten (10) days of Landlord's written demand. Subject to Landlord's right of access pursuant to Article 18, Tenant). Landlord Tenant shall also make all necessary structural repairs to be exclusively responsible for maintaining the Building Premises in good order and any necessary repairs to the Building standard mechanical, HVAC, electricalcondition, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for under any failure obligation to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of inspect the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awarePremises. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not no event be liable responsible to Tenant for any interruption the repair of glass in the Premises, the doors (or loss of business pertaining related glass and finish work) leading to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)Premises. Tenant shall have promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such conditions. Landlord reserves the right of self-help if Landlord fails from time to fulfill its obligations pursuant time, without unreasonable interference with Tenant's use: (a) to install, use, maintain, repair, replace and relocate for service to the terms Premises and other parts of this Leasethe Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building;' and (b) to alter or relocate any other common facility. Installations, replacements and relocations referred to in clause (a) above shall be located, if practical, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. Landlord will use best efforts not to inconvenience Tenant in such installations, replacements and relocations.

Landlord’s Obligations. Landlord Subject to the provisions of Section 12 ---------------------- and except for damage caused by any negligent or intentional act or omission of Tenant and Tenant's agents, employees or invitees, which damage is not covered by the type of insurance to be maintained pursuant to Section 11.2 hereof, Landlord, at Landlord's expense, shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter exterior walls and exterior windows and all structural aspects roofs (including roof membranes) of the BuildingPremises. Landlord shall not, and (ii) all nonstructural aspects of the Building which relate however, be obligated to the Common Areas or to more than one tenant’s premisespaint such exterior, or which no tenant of the Building is nor shall Landlord be required to maintain and repairthe interior surface of exterior walls, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by ceilings or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articledoors. Landlord shall have no responsibility obligation to make any repairs unless and under this Section 7.1 until Landlord receives a reasonable time after receipt of written notice of the need for such repair repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise becomes aware. Landlord shall not be liable for any failure afford Tenant the right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this Lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and keep the Premises but in good order, condition and repair. If, within thirty (30) days after notice from Tenant, Landlord shall not be liable fails to commence making repairs which are the obligation of Landlord under this Section 7.1, Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by make such repairs and charge Landlord for the willful misconduct reasonable cost thereof. In such event, Landlord shall reimburse Tenant for the cost of Tenant or any such repairs within thirty (30) days after receipt of billing from Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord Landlord, at Landlord's expense, shall repair ---------------------- and maintain (i) the foundationsroof structure, roofroof membrane, perimeter foundations and structural exterior walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that the maintenance and repair are caused in whole or in part by the act, neglect, fault or omission of any duty of Tenant, its agents, servants, employees or invitees, and are not covered by Landlord's insurance, in which case Tenant shall pay to Landlord the cost of the maintenance and repairs to the extent caused by Tenant, subject, however, to the provisions of Paragraph 10.c. Landlord shall, if it elects to do so, contract for the maintenance of the HVAC and charge the allocable costs thereof to Tenant. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to the fixtures, appurtenances and equipment therein, provided the foregoing items are installed by shall not be deemed to relieve Landlord of liability for failure to make any repairs, alterations or on behalf of, or are the property of, Tenant)improvements required under this Lease. Landlord shall also make all necessary structural repairs maintain the Common Areas subject to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost reimbursement of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant its expenses pursuant to this ArticleSection 2. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of --------- Notwithstanding the need for such repair or otherwise becomes aware. foregoing, Landlord shall not be liable for required to upgrade any failure structural component of the Premises if the Premises are in compliance with seismic requirements as of the date Tenant commences its construction and such upgrade is required as a result of a specific improvement Tenant proposes to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseTenant Improvement Construction Agreement.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, Building structure including the roof, perimeter the foundations and the exterior surfaces of exterior walls and the exterior windows and all structural aspects surfaces of common demising walls of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services plumbing, heating, ventilating, air conditioning, elevator, electrical and utilities as required herein (except fire/life safety systems installed or furnished by Landlord to the extent that any point of connection into the foregoing items are installed by or on behalf ofPremises, or are utility closets, transformers and electrical panels, doorways and access portals (collectively the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4"Base Building"), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless in good order, repair and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance first class condition, unless such failure shall persist maintenance and repairs are (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for an unreasonable period of time after written notice of the need for such repairs example, custom lighting, special HVAC and/or electrical panels or maintenance is received by Landlord from Tenant systems, kitchen or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs restroom facilities and appliances constructed or maintenance installed within Tenant's Premises) or (ii) caused in such a manner (part or in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused whole by the willful misconduct act, neglect or omission of Tenant or any of duty by Tenant’s , its agents, contractorsservants, employees, employees or invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations iii) Tenant's responsibility pursuant to the terms of this Lease, in any which case Tenant will pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall promptly notify Landlord of the necessity of any repairs which Tenant is aware of and which Landlord is responsible for under the provisions of this Lease. Except as otherwise expressly set forth herein, Tenant will not be entitled to any abatement of rent and Landlord will not have any liability by reason of any injury to or interference with Tenant's business arising from the making, or failure to make, any repairs, alterations or improvements in or to any portion of the Building, the Facility or the Premises or in or to fixtures, appurtenances and equipment therein other than any injury or interference arising solely and directly from Landlord's negligence or wilful misconduct. Tenant waives the right to make repairs at Landlord's expense under any Applicable Laws (including, without limitation, the provisions of California Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature).

Landlord’s Obligations. Except as specifically provided in this Lease, Landlord shall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and Tenant assumes full responsibility for obtaining and paying for all services, facilities and utilities to the Premises. Landlord will repair, replace and maintain (i) the foundationsBuilding Systems, the Exterior Area, and the structural portions of the Premises, including the foundation, floor/ceiling slabs, roof, perimeter walls curtain wall, mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, and exterior windows and all structural aspects elevators (collectively, the “Building Structure”). Tenant shall notify Landlord in writing when it becomes aware of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and need for any repair, including all systems maintenance or replacement which is Landlord’s responsibility under this Section. The costs of such repair, replacement and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which maintenance shall be included in Operating Expenses; provided, however, that Operating Expenses will not include costs (and Tenant will not be billed for such costs) for any capital repair to or replacement of the Building Structure (excluding the costs of non-capital repair and maintenance of the Building Structure). Notwithstanding the foregoing, Tenant shall reimburse Landlord upon written demand as Additional Rent for the cost of any repair to the Premises, Building Structure, Building Systems or Exterior Area which is attributable to the conduct (other than Tenant’s use of the Premises in the ordinary course of business) of Tenant or Tenant’s Agent. This reimbursement shall be Additional Rent. Tenant hereby waives and releases any right it may have under Article 4)any law, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility statute or ordinance now or hereafter in effect to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting which are Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of obligation under this LeaseSection.

Landlord’s Obligations. Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord regarding services to be provided or other obligations to be performed by Landlord under the Master Lease as distinct from obligations of Sublandlord under this Sublease, and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall maintain be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs that are the obligation of Landlord under the Master Lease. Except as and to the extent that Landlord provides a rent abatement credit to Sublandlord (with respect to the Subleased Premises) pursuant to Section 4.2(C) of the Master Lease, and except for matters arising from the gross negligence or willful misconduct of Sublandlord or its agents, employees or contractors, or from Sublandlord's breach or default under the Master Lease (such breach or default continuing beyond the expiration of applicable notice or grace periods), Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant's obligations under this Sublease, or (ii) liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may reasonably be indicated, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord. Notwithstanding anything herein to the contrary, (x) to the extent Sublandlord has expressly agreed hereunder to enforce for the benefit of Subtenant any of Landlord's obligations to Sublandlord under the Master Lease and Landlord has failed or refused to perform such obligations or (y) Landlord has failed to perform its obligations under the Master Lease and such failure materially and adversely affects Subtenant's use and occupancy of the Premises, and Sublandlord has been unable, within a reasonable time after notice from Subtenant, to cause Landlord to perform such obligations, and (a) Sublandlord reasonably determines that commencing a legal proceeding is the only reasonable alternative to cause Landlord to perform such obligations and (b) Subtenant is not then in default hereunder beyond any applicable cure period, Sublandlord shall, at Subtenant's request, commence an appropriate legal proceeding against Landlord using attorneys and experts selected by Sublandlord, or, in Sublandlord's sole discretion, permit Subtenant to commence such legal proceeding on Subtenant's own behalf if Subtenant demonstrates to Sublandlord's reasonable satisfaction that Subtenant is reasonably likely to be barred from commencing such legal proceeding by reason of lack of privity. In such event, Subtenant may commence such legal proceedings in the name of Sublandlord, using attorneys and experts selected by Sublandlord with the approval of Subtenant (such approval not to be unreasonably withheld or delayed) provided that, in either event (i) the foundationscommencement of such legal proceeding does not cause a default under the Master Lease, roof, perimeter walls and exterior windows (ii) Subtenant shall pay to Sublandlord upon demand therefor any and all structural aspects of the Buildingcosts and expenses, including actual attorneys' fees and costs, incurred by Sublandlord in connection therewith, and (iiiii) all nonstructural aspects of the Building which relate to the Common Areas Subtenant indemnifies and holds Sublandlord, its officers, directors, shareholders, affiliates, subsidiaries, agents and employees harmless from any loss, suit, damage, claim or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repaircost, including all systems actual attorneys' fees and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed costs, incurred by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems Sublandlord in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseconnection therewith.

Landlord’s Obligations. Landlord shall maintain maintain, in a first-class condition consistent with similar office buildings in the Raleigh, North Carolina market, (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs to the Premises unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities; provided, however, that if Landlord fails to act in a commercially reasonable manner and Tenant is unable to conduct its normal business operations from the Premises for more than 7 consecutive days, then all charges payable by Tenant hereunder shall xxxxx commencing upon the 8th day following such damage. Such abatement shall end on the earlier to occur of: (i) 10 days after completion of rebuilding or repair of damage and the Premises are in substantially the same condition as prior to the occurrence of the damage or (ii) the date on which Tenant's conduct of its business from the Premises is resumed. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord Subject to the limitations on Landlord's obligations as set forth in Article 9, and except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents, employees, or invitees, Landlord, at Landlord's expense, shall maintain keep in good order, condition and repair the structural components of the (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects exterior walls and (iii) roof of the Building which relate to Premises. Notwithstanding the Common Areas foregoing, Landlord shall not be responsible for any such maintenance, upkeep or to more than one tenant’s premises, or which no tenant repairs of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except Premises to the extent that any of the foregoing items are installed same may be made necessary by or on behalf arise from Tenant's placement or servicing of, or are other activities in relation to the property location of, equipment on the roof (or penetration of the roof by such equipment) of the Premises (regardless of Tenant's having obtained, prior to the placement of any such equipment, the written approval of Landlord in accordance with Article 7.5 hereof), and Tenant shall be solely responsible for and shall pay the full cost of any such maintenance, upkeep or repairs. Landlord shall also make all necessary structural repairs be obligated to the Building and any necessary repairs to the Building standard mechanicalpaint such exterior walls as reasonably required, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleLandlord's sole judgement. Landlord shall have no responsibility not be required to maintain the interior surface of exterior walls, windows, doors or place glass. In the event Landlord paints the exterior walls of the Premises, Landlord shall pay the costs thereof provided, that if the painting of such walls is made necessary because of Tenant's extraordinary or any acts of Tenant or its agents, employees, independent contractors, quests or invites use of the Premises or Tenant's failure to exercise ordinary care in its use and occupation of the Premises, all of Landlord's costs and expenses in connection with painting the exterior walls shall be borne by Tenant and shall become due and payable as Additional Rent together with Tenant's next rental installment. Landlord shall make any repairs unless and until Landlord receives under this Article 7.1 within a reasonable time after receipt of written notice of the need for such repair or otherwise repairs, which notice Tenant shall give promptly after it becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice aware of the need for such repairs repairs. Tenant expressly waives the benefits of any statute now or maintenance is received by Landlord from hereafter in effect which would otherwise afford Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by make repairs at Landlord's expense, to deduct the willful misconduct cost of Tenant repairs from Base Rent payable to Landlord or any to terminate this Lease because of Tenant’s agentsLandlord's failure to keep the Premises in good order, contractors, employees, invitees or customers, be paid for condition and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Landlord shall maintain (i) complete the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate improvements described in Exhibit A according to the Common Areas or to more than one tenant’s premisesschedule set forth therein, except that obtaining necessary permits, or which no tenant of other circumstances beyond the Building is required to maintain and repairParties’ control, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except may require modifications to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)schedule. Landlord shall also make all necessary structural repairs notify Tenant of such delays, and shall in any event complete the improvements no later than one hundred eighty (180) days after beginning work on the improvements. Subject to the Building remainder of this Article V and all provisions in this Lease relating to damage, destruction or condemnation of the Premises, as improved according to Exhibit A, Landlord shall maintain, repair and keep in good condition, the foundation, the roof, any necessary repairs to the Building standard mechanical, HVAC, electricalroof coverings, and plumbing systems exterior walls (excluding the interior and exterior finish surfaces of exterior walls, windows, window frames and doors) of any building on the Premises, including after the improvements described in Exhibit A. If Landlord shall be called on to make any such repairs occasioned by the negligent act or servicing omission of Tenant, its employees, agents, servants, customers and other invitees, the Premises (the entire cost of which such repair shall be included borne by Tenant. Except as provided above and in Operating Expenses under Article 4)Exhibit A, excluding it is intended by the Parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of Tenant. Landlord shall use reasonable efforts to cause any repairs required for which it is responsible to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasepromptly.

Landlord’s Obligations. As long as no Event of Default by Tenant has occurred and is continuing, Landlord shall, at its expense, maintain the roof, foundation and the structural soundness of the exterior walls of the Building in good repair, reasonable wear and tear excepted. Tenant shall repair and pay for any damage caused by the negligence of Tenant or Tenant's employees, agents or invitees, or caused by Tenant's default hereunder. The term "walls" as used in this Section shall include windows, glass and doors which are part of the exterior walls of the Building. Tenant shall immediately give Landlord written notice of any defect or need for repairs, and after such notice, Landlord shall maintain have a reasonable opportunity to repair or cure such defect, provided in the event of a bona fide emergency involving an imminent risk of death or injury to persons or material damage to property (an "Emergency"), and provided (i) such action will not interfere with the foundations, roof, perimeter walls and exterior windows and all structural aspects other occupants of the BuildingBuilding or the use of their respective premises or jeopardize their health, safety or welfare, and (ii) all nonstructural aspects Landlord has not already commenced curative action, Tenant shall be empowered to undertake immediate repairs of such nature as would be Landlord's responsibility and in such event, Tenant shall notify Landlord promptly after such repairs have been undertaken. If Landlord fails to proceed to repair or maintain the Building which relate to Premises with reasonable diligence and within the Common Areas or to more than one tenant’s premisesreasonable time period referenced above, or which no tenant of the Building is required to maintain if Tenant undertakes Emergency repairs as above stated and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall Emergency was not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused brought about by the negligence or willful misconduct of Tenant or Tenant's Agents, then Tenant may, in addition to any other remedies Tenant may have at law or in equity, perform such repairs or maintenance and charge Landlord for the reasonable and actual cost thereof (which charge (A) shall be communicated by formal written notice accompanied by all invoices and other documentation evidencing the need for and scope of such repairs, and if applicable, the basis for Tenant's determination that an Emergency existed, and (B) shall, solely to the extent it arises in the context of an Emergency , and not as a result of Landlord's failure to proceed with the repair with due diligence and within the fifteen (15) business day period provided herein, be included within Common Area Expenses under this Lease to the extent the same is in fact reimbursed by Landlord and would have been included as a Common Area Expense had the same been performed by Landlord pursuant hereto). Landlord shall either reimburse to Tenant the amount so requested by Tenant, or dispute in writing Tenant's right to have undertaken the repair(s) in question, or the reasonableness of the costs incurred by Tenant in undertaking such repair(s) (by written notice delivered to Tenant), within thirty (30) days after receipt of Tenant’s agents, contractors, employees, invitees or customers, be paid for 's invoice and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right documentation justifying Tenant's expenditure of self-help such amount; and if Landlord fails to fulfill deliver either a notice of dispute or the required payment within such thirty (30) day period, Tenant shall thereafter have the right to deduct the amount reflected within such invoice from the next payments of Base Rent and Additional Rent becoming due hereunder. To the extent Landlord only disputes a portion of Tenant's invoice, Landlord shall indicate same in its obligations pursuant notice of dispute and shall pay the undisputed portion within such thirty (30) day period. If disputed by Landlord in a timely fashion, Tenant shall have no right of offset until after receiving a final, non- appealable judgment in its favor with respect to such claim provided such final non-appealable judgment remains unpaid for a period of thirty (30) days. Tenant shall immediately give Landlord written notice of any defect or need for repairs. After such notice, Landlord shall have a reasonable opportunity to repair or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the terms cost of this Leasesuch repairs or maintenance or the curing of such defect.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building, ) and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain Property in good condition and repair. If plumbing pipes, including all systems electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and facilities necessary for Landlord shall cause the operation of the Building repairs to be completed within a reasonable time at Landlord's sole cost and the provision of services and utilities as required herein (expense except to the extent that the repairs were made necessary by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees. Tenant shall, at its sole cost and expense, be responsible for the repair and maintenance of any of supplementary HVAC or other such system installed in the foregoing items are installed by or on behalf ofPremises at Tenant's request and exclusively serving the Premises, or are the property of, Tenant). Landlord shall also make all necessary structural repairs except to the Building and extent the repairs were made necessary by the negligence or wilful misconduct of Landlord, its employees, agents or contractors. Except as provided in Section 9.3, there shall be no abatement of rent or liability to Tenant on account of any necessary injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Building standard mechanical, HVAC, electrical, and plumbing systems Property or any part thereof. Tenant expressly waives the benefits of any statute now or hereafter in or servicing effect which would otherwise afford Tenant the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this Lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of to keep the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance Property in such a manner (in its judgment) so as to cause minimum interference with Tenant good order, condition and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Except as otherwise provided in Section 9 below, Landlord agrees to make all necessary repairs to the following, subject to inclusion of the costs thereof in Operating Costs: (a) the roof membrane and (b) the common areas of the Project, and to maintain the same in reasonably good order and condition; provided, however, that subject to the provisions of Section 8.F below, any damage arising from the acts of Tenant or any Tenant Parties (as defined in Section 8.B(1) below) shall be repaired by Landlord at Tenant’s sole expense, and Tenant shall pay Landlord, on demand, the cost of any such repair. Landlord may also, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall maintain (i) desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. The cost of any repairs made by Landlord on account of Tenant’s default, or on account of the foundationsmisuse or neglect by Tenant or any Tenant Parties anywhere in the Project, roofshall constitute Additional Rent payable by Tenant on demand. As a condition precedent to all of Landlord’s repair and maintenance obligations under this Lease, perimeter walls and exterior windows Tenant must have notified Landlord of the need of such repairs or maintenance. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code and any similar or successor law, statute or ordinance now or hereafter in effect regarding Tenant’s right to make repairs and deduct the cost of such repairs from the Rent due under this Lease. Except as provided in Section 9 below, Landlord agrees to make all necessary repairs to the following, at Landlord’s sole cost and expense: the structural aspects parts of the Building, which structural parts include only the foundation and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation subflooring of the Building and the provision of services and utilities as required herein (except to the extent that any structural condition of the foregoing items are installed by or on behalf of, or are roof (excluding the property of, Tenant). Landlord shall also make all necessary structural repairs to roof membrane) and the exterior and interior load-bearing walls of the Building (but excluding the interior surfaces of exterior walls and any necessary repairs to the Building standard mechanicalexterior and interior of all windows, HVACdoors, electricalceiling and plate glass, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4maintained and repaired by Tenant), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall shall, as soon as is commercially reasonable, also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electricalelectrical (including building standard light fixtures), and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist persists for an unreasonable period of time ten (10) days after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareaware and Landlord and its agents, employees and independent contractors shall have the right to enter the Premises to inspect and make such repairs as Landlord deems reasonably necessary or desirable in accordance with Article 13. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities, unless said interruption is due to negligence or willful misconduct of the Landlord or its’ employees. Landlord shall have the right to require that any damage caused by the negligence or willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and repairs performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects Landlord shall cause the repairs to be completed within a reasonable time, and Tenant shall immediately pay the entire cost of the Building which relate repairs to Landlord. Except as provided in SECTION 9.3, there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Common Areas Property or any part thereof. To the extent permitted by law, Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to more than one tenant’s premisesterminate this Lease because of Landlord's failure to keep the Property in good order, or which no tenant of the Building is required to maintain condition and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this SECTION 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless Landlord of the need to make such failure shall persist for an unreasonable period of repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or fails to proceed with reasonable diligence to complete such repairs. Landlord represents to Tenant that, as of the date hereof, Landlord has not actually received any written notice from any governmental or judicial agency claiming that the Premises are in violation of any applicable laws. If, during the Term of this Lease, any alterations or modifications to the Building or the Premises shall be required by the Americans With Disabilities Act of 1990 ("ADA"), and such requirement was in effect and applicable to the Premises or the Building, as the case may be, on the date of this Lease and the need for such repairs alteration or maintenance modification is received by Landlord from Tenant not due to the particular needs of any employee, invitee or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct contractor of Tenant or to any breach by Tenant of its covenants or obligations hereunder or to any use by Tenant of the Premises other than general business offices then, subject to Landlord's right to contest the validity or applicability of any such requirement, and provided that the Building or the Premises (as the case may be) does not have the benefit of any "grandfather" clause or similar waiver or exception, Landlord shall be responsible for complying with such requirements, and Tenant shall not bear any portion of the cost of such compliance. Notwithstanding any of Tenant’s agentsthe foregoing to the contrary, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have be solely responsible for making any accommodations or providing any equipment or furnishings required under ADA or any comparable state or local law, regulation or ordinance as a result of the right needs of self-help if Landlord fails to fulfill its obligations pursuant to the terms any employee, invitee or contractor of this LeaseTenant.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, roof, perimeter walls Project common areas and exterior windows and all the structural aspects portions of the Building, including the foundations, bearing and exterior walls (ii) all nonstructural aspects of excluding glass), sub-flooring and roof (excluding skylights), and the Building which relate to the Common Areas or to more than one tenant’s premisesunexposed electrical, or which no tenant of the Building is required to maintain plumbing and repairsewer systems, including all those portions of such systems which are outside the Premises, gutters and facilities necessary for downspouts on the, unless such maintenance and repairs are caused in part or in whole by the operation act, neglect or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the reasonable cost of which shall such maintenance and repairs. The costs of maintenance and repairs performed by Landlord will be included in Operating Expenses under Article 4as provided for in Subparagraph 6 (a). Except as provided in this Subparagraph 14(a), excluding repairs required Landlord has no obligation to be made by Tenant pursuant to this Articlealter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant, which time shall be deemed unreasonable should Landlord from fail to commence repair within 30 days of such notice. Tenant will not be entitled to any abatement of rent and Landlord will not have any liability by reason of any injury to or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises but Landlord shall not be liable or in or to fixtures, appurtenances and equipment therein. Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have waives the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting make repairs at Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseexpense under any law, statute, ordinance, rule, regulation, order or ruling.

Landlord’s Obligations. Subject to the provisions of Article Eleven (Damage or Destruction) and Article Twelve (Condemnation), and except for damage caused by any act or omission of Tenant, or Tenant’s employees, agents, contractors or invitees, Landlord shall maintain (i) keep the foundationsfoundation, roof, perimeter walls building systems (other than the heating, ventilating and air conditioning system), structural supports and exterior windows and all structural aspects walls of the Buildingimprovements on the Property in good order, condition and repair. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the surfaces of walls. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair. Tenant hereby waives the benefit of any present or future law which provides Tenant the right to repair the Premises or Property at Landlord’s expense or to terminate this Lease because of the condition of the Property or Premises. Notwithstanding the foregoing, Landlord shall also be obligated to provide the following services: (1) to plow snow and treat ice on sidewalks, roadways and loading areas, (2) to maintain and clean all outdoor facilities including, without limitation, to maintain all lawns, landscaping, and repave and restripe the parking lot when reasonably necessary and to install, maintain or replace when necessary the outdoor lighting systems for the parking areas, (3) to maintain common area lights in good working order and condition, (4) to cause the boiler system providing baseboard heat to the Premises to be cleaned and maintained regularly, and (ii5) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent Landlord’s responsibility as set forth in this Lease, maintain and repair the Property as necessary to comply with all applicable government requirements, provided Tenant notifies Landlord of any such requirements that any the Tenant is aware of and that the foregoing items are installed by applicable governmental authority requires such maintenance or on behalf of, or are the property of, Tenant)repair. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the The cost of which performance of Landlord’s obligations under this paragraph shall be included in Operating CAM Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance as provided in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseSection 8.04.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Sublandlord hereby grants to Subtenant the right to receive all of the services and benefits with respect to the Subleased Premises which are to be provided by Landlord under the Master Lease. Subtenant agrees that Sublandlord shall maintain not be required to perform any of the covenants, agreements and/or obligations of Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease with respect to this Sublease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant’s obligations under this Sublease except as otherwise provided herein or in the foundationsMaster Lease, roof, perimeter walls and exterior windows and all structural aspects of the Building, and or (ii) all nonstructural aspects liability on the part of Sublandlord. Notwithstanding the Building which relate foregoing, Sublandlord shall use commercially reasonable efforts to the Common Areas or secure such performance upon Subtenant’s request to more than one tenant’s premisesSublandlord to do so, or which no tenant of the Building is required to maintain and, if and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that Sublandlord’s rent abates under the Master Lease for any reason, including, but not limited to, loss of services from Master Landlord, impaired access to the Premises, or impaired occupancy of the foregoing items are installed by Premises due to casualty or on behalf ofcondemnation, or are the property of, Tenant). Landlord shall also make all necessary structural repairs then to the Building and extent any necessary repairs rent abatement applies to the Building standard mechanicalSubleased Premises, HVAC, electrical, and plumbing systems in or servicing Subtenant’s Base Rent shall xxxxx for the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice portion of the need for Subleased Premises affected by such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseevent.

Landlord’s Obligations. Subject to Sections 21.1 and 24.2, Landlord shall, at the sole expense of Landlord, repair and maintain in good and tenantable condition the roof, exterior walls, building systems (except as otherwise provided in Paragraph 21.1 above) structural parts of the Premises (including the foundation and structural floor) serving the Premises. Subject to Section 24.2, no expenses incurred by Landlord in performing its obligations under this Section 21.2 shall be included as Rent under this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for the cost of general maintenance and repairs to the HVAC system serving the Premises, and Tenant shall be responsible at its expense for making any repairs necessitated by reason of the negligence of Tenant, or by reason of the failure of Tenant to perform or observe any of its obligations under this Lease or by reason of alterations, additions, or improvements to the Premises made by tenant. Notwithstanding the foregoing, Landlord shall maintain have the right (ibut shall not be required) the foundationsto make such repairs so necessitated by Tenant. If Landlord elects to make such repairs on Tenant's behalf, roof, perimeter walls and exterior windows and all structural aspects Tenant shall pay to Landlord any such costs incurred by Landlord promptly following receipt of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)a xxxx therefor. Landlord shall also make assign to Tenant for Tenant's benefit during the Term of this Lease all necessary structural repairs manufacturers' warranties relating to the Building HVAC system. It is understood and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses agreed that Landlord is under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility obligation to make any repairs unless and until Landlord receives written notice of the need for such repair repairs, alterations, replacements or otherwise becomes aware. Landlord shall not be liable for any failure improvements to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but or the mechanical equipment exclusively serving the Premises at any time except as expressly set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable to Tenant for any interruption or loss failure to make repairs required of business pertaining Landlord hereunder unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct commence and complete those repairs within a reasonable period of Tenant or any time following receipt of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease's notice.

Landlord’s Obligations. Landlord shall at Landlord's expense maintain the roof (iexcluding skylights, smoke hatches and roof vents) and the foundationsstructural components of the Premises including, the structural components of the roof, perimeter walls foundations and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects walls of the Building which relate in good repair, 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. The reference to the Common Areas or to more than one tenant’s premises, or which no tenant structural components of the Building is required to maintain and repairroof as used herein shall not include skylights, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by smoke hatches or on behalf of, or are the property of, Tenant)roof vents. Landlord shall also make all necessary structural perform on behalf of Tenant and other tenants of the Project the maintenance of the public and Common Areas of the Project including, but not limited to, repairs and maintenance to the Building roof (including skylights, smoke hatches and any necessary repairs to roof vents), the Building standard mechanicallandscaped areas, HVACparking areas, electricaldriveways, the truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, electric and telephone equipment servicing the building(s), exterior lighting, and plumbing systems in or servicing anything which affects the Premises (operation and exterior appearance of the cost of Project, which determination shall be included at Landlord's reasonable discretion. Tenant shall reimburse Landlord for all such costs in Operating Expenses under accordance with Article 4), excluding V hereof. Any damage caused by or repairs required to necessitated by any act of Tenant may be made repaired by Landlord at Landlord's option and at Tenant's expense. Tenant pursuant to this Articleshall immediately give Landlord written notice of any defect or need of repairs. Landlord shall have no responsibility reasonable opportunity after Tenant notifies Landlord with respect thereto or Landlord otherwise has actual knowledge of such defect or need of repairs, to make such repairs. Landlord's liability with respect to any repairs unless and until defects, repairs, or maintenance for which Landlord receives written notice is responsible under any of the need for such repair or otherwise becomes aware. Landlord provisions of this Lease shall not be liable for any failure limited to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period the cost of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasemaintenance.

Landlord’s Obligations. Landlord shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the BuildingBuildings, which structural parts include only the Foundation, exterior walls (excluding the interior of all exterior walls), roof structure and (ii) all nonstructural aspects subflooring of the Building which relate to Premises, except for any damage thereto caused by the Common Areas negligence or to more than one tenant’s premiseswillful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or which no tenant by reason of the Building is required failure of Tenant to maintain and repairperform or comply with any terms, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by conditions or on behalf ofcovenants in this Lease, or are the property ofcaused by alterations made by Tenant or by Tenant's agents, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in employees or servicing the Premises (the cost of contractors which shall be included in Operating Expenses Tenant's responsibility. Except for repairs readily discernable by visual inspection of exterior, it is a condition precedent to all obligations of Landlord to repair and maintain under Article 4), excluding repairs required to be made by this Section 10.1.1 that Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice in writing of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awaremaintenance. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant also maintain, repair and replace the HVAC system for the Premises but and Tenant shall pay directly or reimburse Landlord for the costs thereof, as and when billed by vendor or landlord. If such HVAC system is not separately metered to the Premises, Tenant shall not be liable to Tenant billed for any interruption or loss its proportionate share of business pertaining to such activitiescost as reasonably determined by Landlord. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, obtain an HVAC system preventive maintenance contract with monthly service which shall be paid for by Tenant and performed by the Tenant (without limiting Landlord’s which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other remedies herein)preventive maintenance. Tenant shall have the right benefit of self-help if all warranties available to Landlord fails to fulfill its obligations pursuant to the terms of this Leaseregarding such equipment.

Landlord’s Obligations. Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord under the Master Lease, including, without limitation, the services provided in Article 13 of the Original Lease, and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall maintain be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease, nor shall any representations or warranties made by Landlord under the Master Lease be deemed to have been made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life- safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) the foundationsabatement, roofdiminution or reduction of Subtenant’s obligations under this Sublease, perimeter walls and exterior windows and all structural aspects of the Building, and or (ii) all nonstructural aspects liability on the part of Sublandlord. Notwithstanding the Building which relate foregoing, Sublandlord shall use good faith efforts, under the circumstances, to secure such performance upon Subtenant’s request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord; provided that in no event will this sentence be construed to require Sublandlord to commence any litigation, arbitration, judicial reference or other similar proceeding against Landlord. To the extent Sublandlord receives any abatement of Rent under the Master Lease that relates to the Common Areas or Subleased Premises, Subtenant’s Rent hereunder shall be abated by the same amount. With respect to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made effected by Tenant Landlord pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives the Master Lease, promptly following Sublandlord’s receipt of written notice of the need for from Subtenant identifying such repair or otherwise becomes aware. repairs and/or services (“Repair Notice”), Sublandlord shall reasonably investigate Subtenant’s Repair Notice, and, if Sublandlord reasonably determines that Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need is responsible for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord and/or services under the Master Lease, Sublandlord shall make every reasonable effort commence and diligently pursue to perform all such repairs or maintenance in such a manner (in its judgment) so as completion commercially reasonably efforts to cause minimum interference Landlord to undertake appropriate corrective action. Sublandlord agrees to not unreasonably withhold its consent to any work or services requested by Subtenant of Landlord in or to the Subleased Premises, provided that Subtenant shall pay all costs and expenses with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining respect to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant work or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant services to the terms of this extent payment is required under the Master Lease.

Landlord’s Obligations. Landlord shall maintain (i) and keep in good repair the foundations, exterior walls, structural portions of the roof, perimeter walls and exterior windows and all other structural aspects portions of the Building, and shall maintain the electrical, plumbing, and heating, air conditioning, and ventilation (ii"11VAC") equipment in the Building, except any portions of this equipment that may be specially installed for Tenant or otherwise altered by Tenant in connection with Tenant's Premises Alterations, if any, or otherwise, or that exclusively serve the Premises; and except that all nonstructural aspects of the Building which relate damage or injury to the Common Areas or to more than one tenant’s premisesPremises, the Building, or which no tenant of the Building is required to maintain equipment and repair, including all systems and facilities necessary for improvements in the operation of the Building Premises and the provision of services and utilities as required herein (except to the extent that Building, caused by any of the foregoing items are installed by or on behalf ofact, neglect, misuse, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and omission of any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which duty by any Tenant Party shall be included in Operating Expenses under Article 4), excluding repairs required to be made paid for by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareTenant. Landlord shall not be liable for any failure to make any required repairs or to perform any required maintenance unless such this failure shall persist for an unreasonable period time (taking into account the nature and urgency of time the repair or maintenance) after written notice of the need for such the repairs or maintenance is received given by Landlord from Tenant or after Landlord otherwise becomes awareto Landlord. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable responsible for any interruption, inconvenience, or annoyance to Tenant for or Tenant's business caused by any interruption repairs, restoration, or loss maintenance required to be made by Landlord under this Agreement, and Tenant shall not reduce or withhold any portion of business pertaining any Rent payment without a prior final judicial determination of Tenant's right to such activitiesdo so. Tenant waives and releases its right to make repairs at Landlord's expense under any law, statute, or ordinance in effect now or in the future. Landlord has no obligation to make any improvements, Alterations (as defined in this Lease), repairs, or maintenance to the Premises before or during the Term except as specifically set forth in the Lease, and in no event shall Landlord have any obligation under this Lease to make any repairs, maintenance, or replacements to the right to require that any damage caused by interior portion of the willful misconduct Premises, including, without limitation, carpeting, window coverings, wall coverings, windows, or painting of Tenant or any of Tenant’s agents, contractors, employees, invitees 's property or customers, be paid for and performed by the Tenant Premises Alterations (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of as defined in this Lease).

Landlord’s Obligations. Landlord Landlord, at Landlord's expense, shall repair and ---------------------- maintain (i) the foundations, roof, perimeter foundations and structural exterior walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to except for repairs are caused in whole or in part by the Common Areas negligence or to more than one tenant’s premiseswillful misconduct of Tenant, its agents, servants, employees or which no tenant of the Building is required to maintain and repairinvitees, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any such repairs would be covered by a policy of the foregoing items are installed insurance required to be maintained by or on behalf ofLandlord pursuant to this Lease, or are the property of, Tenant). in which case Tenant shall pay to Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which the maintenance and repairs caused in whole or in part by Tenant and not covered or potentially covered by insurance. Landlord may, at its option, elect to contract for the maintenance of the HVAC and charge the allocable costs thereof to Tenant. There shall be included no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in Operating Expenses under Article 4)or to the fixtures, excluding repairs required to be made appurtenances and equipment therein caused by Tenant pursuant to this Article. the gross negligence or willful misconduct of Landlord or its agents, and provided further that in no event shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure consequential damages related to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have maintain the right Common Areas subject to require that any damage caused by reimbursement of its expenses pursuant to Section 2. Notwithstanding the willful misconduct of Tenant or any of Tenant’s agentsforegoing, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have be solely responsible, at Tenant's sole expense, to perform any alterations which are required due to Tenant's particular use or configuration of the right Premises (as opposed to office or industrial uses generally) or because of self-help if Landlord fails to fulfill its obligations pursuant any alterations voluntarily made to the terms of this LeasePremises by Tenant. Landlord shall be responsible, at Landlord's sole expense, for making, maintaining and repairing any other alterations to the Premises or Building required by law.

Landlord’s Obligations. Landlord shall maintain keep in. good order, condition and repair (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the Building, which structural parts include only the foundation and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation subflooring of the Building and the provision structural condition of services the roof and utilities as required herein the exterior walls of the Buildings (except but excluding the elevators, interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plate glass which shall be maintained and repaired by Tenant), (d) the roof membrane, and (iii) the common areas of the Project. For purposes of this Lease, the common areas of the Project shall mean those areas outside of the Buildings which are for the benefit of all of the tenants in the Project (e.g., the landscape and parking areas, lighting, sidewalks, driveways and the utility pipes, conduits and Hues which rim from the street to each Building and between each of the Buildings). The costs incurred by Landlord to perform the foregoing obligations to the extent they are deemed “Operating Costs” (as defined in Section 2C) shall be passed through to Tenant and any other tenants in the Project, except that any damage to any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the negligence or willful misconduct acts or omissions of Tenant or any of Tenant’s agents, contractors, employees, invitees subtenants, licensees or customersinvitees, or by reason of the failure of Tenant to perform or comply with any term of this Lease, or caused by Tenant or Tenants agents, employees or contractors during the performance of any work shall be paid for and performed repaired by the Tenant (without limiting Landlord, solely at Tenant’s expense, or at Landlord’s election, such repairs shall be made by Tenant, at Tenant’s expense, with contractors approved by Landlord. It is an express condition precedent to all Landlord’s repair and maintenance obligations hereunder that Tenant shall have Landlord notification of the need for any repairs or maintenance; provided that any notification shall not affect Landlord’s obligation to perform routine periodic maintenance (e.g., landscape maintenance) during the Lease Term. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenants right to make repairs and deduct: the expenses of such repairs from the Rent due under ibis Lease. Landlord shall make available to Tenant copies of all warranties with respect to the repair and maintenance of the structural parts of the Building, as described in clause (i) above, the roof membrane and the common areas of the Project and shall use reasonable efforts (other remedies herein)than the commencement of any litigation) to enforce such warranties to the extent the same may serve to reduce Tenant’s obligation to reimburse Landlord for costs and expenses related thereto. Landlord shall use commercially reasonable efforts to enforce the terms of such warranties. In the event Tenant notifies Landlord in writing of an item needing immediate repair and there is no dispute concerning the need for such repair, the scope of the repair or that Landlord is the party responsible for such repair, then Landlord shall commence and complete such repair within the responsible within fifteen (15) day period following Landlord’s receipt of Tenant’s repair notice, unless the nature of the repair is such that more than fifteen (15) days is required to complete such repair in which case Landlord shall commence the repair within such fifteen (15) day period and thereafter diligently prosecute the same to completion. In the event Landlord fails to dispute or commence the repair within such fifteen (15) day period, then Tenant shall have the right right, but not the obligation, to cause the repair of selfsuch item and to submit an invoice to Landlord for the reasonable out-help if of-pocket costs incurred by Tenant for the same (including reasonable supporting documentation for the same), and Landlord fails shall pay such amount to fulfill its obligations pursuant to the terms Tenant within thirty (30) days of this Leasereceipt of Tenant’s invoice and related documentation for such work.

Landlord’s Obligations. Except as provided in Sections 8.2 and 8.3 below, Landlord shall maintain (i) the foundations, roof, perimeter walls Building in reasonable order and exterior windows and all structural aspects of repair throughout the BuildingLease Term, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premisesexcept as expressly provided herein, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awaremaintenance. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in at its judgment) so cost and not as to cause minimum interference with Tenant an Operating Expense for non-routine maintenance, repair and/or replacement of the roof and the Premises but parking garage, including resurfacing of the parking garage to the extent directly caused by any construction defects. Except as provided herein, there shall be no abatement of Rent, nor shall there be any liability of Landlord, by reason of any injury or inconvenience to, or interference with, Tenant’s business or operations arising from the making of, or failure to make, any maintenance or repairs in or to any portion of the Building provided, however, that Landlord shall not be liable impair Tenant’s operations more than reasonably necessary. Notwithstanding anything to Tenant for any interruption or loss of business pertaining to such activities. the contrary herein, Landlord shall perform and construct, and Tenant shall have the right no responsibility to require that perform or construct, any damage caused repair, maintenance or improvements (a) necessitated by the willful misconduct acts or omissions of Tenant Landlord or any other occupant of the Building, or their respective agents, employees or contractors, (b) for which Landlord has received reimbursement from others, (c) to the structural portions of the Premises, (d) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises and the Building, (e) to any portion of the Building outside of the demising walls of the Premises, or (f) any Capital Improvements. Notwithstanding the foregoing, Tenant shall pay for its share of the repairs described in (c), (d), (e) and/or (f) above if and to the extent (x) such costs are properly included in Operating Expenses or (y) such expenditures are required as a result of Tenant’s agents, contractors, employees, invitees negligence or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasewillful misconduct.

Landlord’s Obligations. Tenant shall give immediate notice to Landlord if the Premises are damaged by fire or other casualty, and this Lease shall continue in full force and effect except as set forth below. If the Premises shall be partially damaged by any casualty insured against in any insurance policy maintained by Landlord, Landlord shall maintain repair the Premises upon receipt of insurance proceeds. Until such repair is complete, the Basic Rent and Additional Rent shall be abated proportionately as to any portion of the Premises rendered untenantable. If, however, by reason of such occurrence (ia) the foundations, roof, perimeter walls and exterior windows and all structural aspects Premises are rendered wholly untenantable; or (b) the Premises are damaged as a result of a risk which is not covered by insurance; or (c) the Premises are damaged during the last 24 months of the Building, and Term or of any renewal; or (iid) all nonstructural aspects of insurance proceeds or a portion thereof are applied by the Building which relate lender to the Common Areas satisfaction of Landlord’s mortgage on the Building; or to more than one tenant’s premises, (e) the Premises or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except damaged to the extent that any of 50% or more of the foregoing items are installed then-monetary value thereof, Landlord may either elect to repair the damage or may cancel this Lease by or on behalf ofnotice of cancellation within 60 days after such event and thereupon this Lease shall expire upon the date specified in such notice as fully and completely as if such date were the date set forth above for the termination of this Lease and Tenant shall forthwith quit, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building surrender and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing vacate the Premises (without prejudice to Landlord’s rights and remedies against Tenant under the cost Lease as in effect prior to such termination. In that case Tenant’s liability for rent upon the termination of which this Lease shall cease as of the date of the occurrence of such casualty. If Landlord elects to repair any such damage, Tenant shall cooperate with Landlord’s restoration by promptly removing from the Premises all of tenant’s salvageable inventory and moveable equipment, furniture and other property. Tenant’s liability for rent shall resume 5 days after notice the Premises have been repaired. If the damage is caused by the negligence of Tenant or its employees, agents, invitees or concessionaires, there shall be included in Operating Expenses under Article 4no abatement of rent. Except for abatement of rent (if any), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make claim against Landlord for any repairs unless and until Landlord receives written notice damage suffered by reason of the need for any such damage, destruction, repair or otherwise becomes aware. Landlord restoration, nor shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that terminate this Lease as the result of any damage caused by the willful misconduct of Tenant statutory provision now or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant hereafter in effect pertaining to the terms damage and destruction of this Leasethe Premises or the Building, except as expressly provided herein.

Landlord’s Obligations. Except as otherwise provided in Section 8.02, 8.03 and 8.04 below, Landlord shall maintain the Project in good order, maintenance and repair throughout the Lease Term in accordance with First Class Building Standards. All repairs that affect the Project’s (i) structural components, including but not limited to the foundationsfoundation, roofslab and piers, perimeter walls (ii) the Project’s mechanical (including HVAC), electrical, fire/life safety and plumbing systems, (iii) the exterior Common Areas; (iv) exterior windows and all structural aspects of the Building, doors; and (iiv) all nonstructural aspects of elevators serving the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which Project shall be included in Operating Expenses under Article 4)made solely by Landlord; provided, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period time (based upon the urgency or nature of time the repair) after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord will promptly and diligently perform any required repairs in a good and workmanlike manner in accordance with standards applicable to Comparable Buildings. Except as provided in Article XI, there shall make every be no liability of Landlord, by reason of any injury or inconvenience to, or interference with, Tenant’s business or operations arising from the making of, or failure to make, any maintenance or repairs in or to any portion of the Project. Notwithstanding the foregoing, Landlord shall take commercially reasonable effort efforts to perform all such mitigate any interference caused by Landlord’s repairs or maintenance maintenance; provided that Landlord will not be required to incur any material additional expenses such as overtime (except in the event of an emergency and then only to the extent necessary to prevent further damage) unless Tenant’s Representative agrees to reimburse Landlord for such a manner (in its judgment) so as to cause minimum interference with Tenant additional expense and the Premises but such additional expense is excluded from Controllable Operating Expenses. Landlord shall not be liable required to maintain any specialized areas or equipment at the Project such as data rooms, specialized HVAC or electrical equipment, and UPS. Subject to any limitations contained in Article IV, all expenses incurred by Landlord in repairing or maintaining the Premises shall constitute Operating Expenses. Any Contractor or Subcontractor utilized by Landlord or Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have perform repair and maintenance work in the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsProject will be reputable, contractors, employees, invitees or customers, be paid for licensed and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseinsured.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects portions of the Building, including the foundations, bearing and exterior walls (ii) all nonstructural aspects of excluding glass), subflooring and roof (excluding skylights), and the Building which relate to the Common Areas or to more than one tenant’s premisesunexposed electrical, or which no tenant of the Building is required to maintain plumbing and repairsewer systems, including all those portions of such systems which are outside the Premises, gutters and facilities necessary for the operation of downspouts on the Building and the provision of services heating, ventilating and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing air conditioning systems in or servicing which serve the Premises (provided that it shall be the Tenant’s obligation to maintain a service contract on the HVAC unit(s) as set forth in Section 14.(b) below), unless such maintenance and repairs are caused in part or in whole by the act, neglect or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost of which such maintenance and repairs. Landlord’s obligation with respect to the HVAC unit(s) shall be limited to the replacement of such units if such replacement is necessary despite Tenant’s maintenance efforts. The costs of maintenance and repairs performed by Landlord will be included in Operating Expenses under Article 4Expenses. Except as provided in this Subparagraph 14(a), excluding repairs required Landlord has no obligation to be made by Tenant pursuant to this Articlealter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. Tenant will not be entitled to any abatement of rent and Landlord from Tenant will not have any liability by reason of any injury to or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises but Landlord shall not be liable or in or to fixtures, appurtenances and equipment therein. Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have waives the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting make repairs at Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the terms extent the Premises are located in California, the provisions of this LeaseCalifornia Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature).

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and agrees to furnish all structural aspects of the Buildingmaterial, labor and (ii) all nonstructural aspects equipment for the construction of the improvements (the "Base Building which relate to Improvements") specified in the Common Areas or to more than one tenant’s premises, or which no tenant of the "Outline Specifications for "Base Building is required to maintain Improvements" attached hereto as Exhibit C and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)this reference made a part hereof. Landlord shall also make construct the Base Building Improvements in accordance with the final plans and specifications for the Base Building Improvements (the "Final Base Building Plans"), which Landlord shall cause to be prepared in accordance with the "Schedule of Plan Submissions" attached hereto as Exhibit D and by this reference made a part hereof. In addition, Landlord agrees to furnish all necessary structural repairs of the material, labor and equipment for construction of the Tenant office improvements (the "Office Improvements") in accordance with final plans and specifications (the "Final Office Plans") which Tenant shall cause to be prepared in accordance with the Schedule of Plan Submissions. The term "Improvements" shall mean the Base Building Improvements and the Office Improvements, collectively. The division of the Improvements between Base Building Improvements and Office Improvements ("Tenant Improvement Work") is set forth on attached Exhibit E. The Improvements shall be constructed in a good and workerlike manner and in accordance with Applicable Laws, as hereinafter defined. The Final Base Building Plans and Final Office Plans (collectively, the "Final Plans") shall be (a) subject to the Building approval of Landlord and any necessary repairs to local governmental agencies having jurisdiction over the Building standard mechanical, HVAC, electricalconstruction of the Improvements and (b) revised, and plumbing systems in or servicing the Premises (the cost of which Improvements shall be included in Operating Expenses under Article 4)modified, excluding repairs to incorporate any revisions thereto required to be made by Tenant pursuant to this Articleany governmental agency or Landlord. Landlord shall submit a cost estimate for the Office Improvements to Tenant together with a schedule for completing the Improvements which shall set forth any Tenant Delays and costs attributable thereto that have no responsibility to make any repairs unless become apparent during the designing and until Landlord receives written notice pricing of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseImprovements.

Landlord’s Obligations. Landlord shall maintain (i) shall, at Landlord's expense, keep in good condition, order and repair the foundations, roof, perimeter walls foundation and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects walls of the Building which relate to (excluding the Common Areas or to more than one tenant’s premisesinterior of all walls and the exterior and interior of all windows, or which no tenant doors, plate glass, and show cases), and the structural portions (but not the membrane) of the roof of the Building is required to maintain and repair(except that Tenant shall repair at Tenant's expense any damage caused by the activities of Tenant, Tenant's HVAC maintenance service contractor, and/or Tenant's other agents on the roof, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except but not limited to the extent that installation of air conditioning equipment and/or duct work, or other roof penetrations, and improper flashing or caulking, and any of the foregoing items are damage to exposed air conditioning equipment and duct-work installed by or on behalf of, or are the property of, for Tenant). Landlord shall also make all necessary structural exercise reasonable diligence in performing such repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articleas soon as practicable. Landlord shall have no responsibility to promptly make any repairs unless and until Landlord receives under this Paragraph 8.2 after Landlord's receipt of written notice from Tenant of the need for such repair repairs. Except as otherwise specifically provided herein, there shall be no abatement of rent or otherwise becomes aware. Landlord shall not be liable for other sums payable by Tenant prior to or during any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform Landlord, and Tenant waives all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant claims for any interruption or loss of business pertaining or lost profits relating to any such activitiesrepairs. Notwithstanding the provisions of Paragraph 7.1 or this Paragraph 8.2 above to the contrary, in the event, and at such time as, Tenant leases the entire Building, all maintenance and repair obligations of Landlord shall have terminate, and all maintenance, repair and replacement obligations of Landlord set forth in this Lease, including the right obligation under Paragraph 7.1 above with respect to require that any damage caused by maintenance and repair of the willful misconduct of Tenant or any of Tenant’s agentsOutside Areas, contractors, employees, invitees or customers, shall be paid for assumed and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill Tenant, at its obligations pursuant to the terms of this Leasesole cost.

Landlord’s Obligations. Except as otherwise provided in Section 6.1 above, Landlord shall maintain (i) the foundationsshall, roofat its sole cost and expense, perimeter walls maintain, in good repair and exterior windows and all structural aspects of the Buildingcondition, and (ii) service all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation portions of the Building and the provision of Premises including, but not limited to, the foundation, roof, ceilings, floor coverings, downspouts, gutters, plumbing fixtures, utility lines, windows, doors, plate glass, exterior, interior, and demising walls, and all systems in the Building, including, but not limited to, heating, ventilating, air conditioning, and electrical systems, elevators, lighting facilities, boilers, fired or unfired pressure vessels, fire alarm and/or smoke detection systems and equipment and any other Utility Installations that are not owned by Tenant. In addition, Landlord shall perform or cause to be performed all maintenance, repair and other services and utilities as required herein (except to the extent that Common Areas and the Land, as and when the same are reasonably necessary to maintain such areas in good condition and repair, including, but not limited to, landscape maintenance, driveway and parking area maintenance for the parking areas, any of the foregoing items are installed by private streets and roadways serving or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs providing access to the Building and any necessary repairs to the Land, exterior lighting maintenance, waste removal, repair and maintenance of walkways, cleaning supplies, miscellaneous building supplies, external painting for the Building, exterior and interior Common Area maintenance, insect and pest extermination, security guards or security system for the Building, signs for the Building standard mechanicaland other miscellaneous maintenance. In addition, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until accept from Tenant for disposal (by Tenant's depositing such items for storage as specified by Landlord receives written notice in writing) Tenant's spent Hazardous Substances (in quantities generally comparable with those generated by the Business as of the need date of this Lease) ("Spent Materials") for disposal in accordance with Applicable Law. To the extent that the third-parties who haul away such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to Spent materials require that any damage caused by the willful misconduct owner of such Spent Materials sign the manifest or other documentation, Tenant shall sign such manifest or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by other documentation as the Tenant (without limiting Landlord’s other remedies herein)owner thereof. Tenant shall have reimburse Landlord for Landlord's actual, documented, third-party costs incurred in having such Spent Materials hauled away from the right Land and Building in accordance with Applicable Law. Tenant shall pay any amounts owing to Landlord under the preceding sentence within thirty (30) days following Landlord's delivery of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasea written invoice, together with supporting documentation, for any such amounts.

Landlord’s Obligations. Landlord shall at all times during the Term maintain (i) the foundationsBuilding, roof, perimeter walls and exterior windows and all the structural aspects elements of the Building, and (ii) the common areas in good, clean and sanitary condition and shall make all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain repairs and repair, including all systems replacements as and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)when necessary. Landlord shall also make all necessary structural repairs to maintain the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems Real Property in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. compliance with Laws; provided that Landlord shall have no responsibility not be obligated to make any repairs unless and until Landlord receives written notice or do any maintenance that is Tenant's obligations under Section 10.1. Without limiting the generality of the need for such repair foregoing and notwithstanding any other provision of this Lease which may require Tenant to perform the same or otherwise becomes aware. similar work, Landlord shall not (i) no later than two (2) years from the date hereof make the "Mandatory Capital" improvements designated on Exhibit C, (ii) on the date that such improvements are required under applicable laws, codes or regulations make the capital improvements designated as "Code Triggered" capital improvements on Exhibit C, and (iii) on the date that such improvements are required as a result of Tenant's occupancy of any portion of the Premises other than the Initial Premises make the capital improvements designated as "Occupancy Triggered" capital improvements on Exhibit C. All such work by Landlord shall be liable for any failure done with new materials and in a good and workmanlike manner. In the event that Landlord fails to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time as required hereunder within ten (10) days after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help give Landlord a second notice and if Landlord fails to fulfill its obligations make such repairs within five (5) days after such second written notice by Tenant, or fails to commence to make such repairs within such periods of time and thereafter diligently prosecute such repairs to completion, Tenant may make the repairs and seek immediate reimbursement from Landlord. In the event Landlord disputes Tenant's right to make such repairs, such dispute shall be arbitrated pursuant to the terms of this Lease.Section 28.21 hereof. If such

Landlord’s Obligations. Landlord In addition to Capital Repair/Replacement, Landlord, at its expense, shall maintain be responsible for the performance of all repair, maintenance and replacement of all structural elements, the floor slab, the parking areas (i) including the foundationssidewalks and truck courts), the roof, perimeter walls the roof membrane, skylights and exterior windows and all structural aspects walls of the Building. Except for casualties under Section 14, and (ii) all nonstructural aspects if any such work is required as a result of the Building which relate negligence or misconduct of Tenant, Tenant’s contractors, employees or invitees, Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord for such work within ten (10) business days of demand as Additional Rent. Prior to the Common Areas or to more than one tenant’s premisesSingle Tenant Conversion Date, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all be responsible for the performance of landscaping and snow removal (i.e. the Common Area Maintenance Services). Landlord’s performance obligations under this Section shall be carried out in a manner necessary structural repairs to maintain the Property in a first class condition. If Landlord unreasonably interferes with Tenant’s business for a period of three (3) business days after notice from Tenant to Landlord, or performing any repairs, maintenance, alteration or improvement in or to any portion of the Property, including, without limitation, the Premises, or in or to the Building fixtures, appurtenances and equipment therein the Rent will proportionally axxxx while the unreasonable interference persists, provided, however, that Tenant shall act reasonably to accommodate and coordinate any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received activities by Landlord from Tenant or after and must provide reasonable access to Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasepurposes thereof.