Common use of Maintenance and Repair Clause in Contracts

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. 6.01. Tenant shall be solely responsible for the cost and performance of all maintenance, service, repair and replacement of any portion of the Building, it being understood and agreed that Landlord shall have no general duty (aeither to Tenant or to third parties) Except to keep the Leased Property in good order and repair and that Landlord shall have no obligation to perform or pay for the cost of any Alterations such maintenance, service, repair or replacement except to the extent expressly provided for in this Article 6. As long as this Lease is in full force and effect Landlord shall promptly upon request by Tenant reimburse Tenant for the cost of any repair or replacement of any heating, ventilating and air-conditioning system or structural or other similar portion of the Building or Building system that becomes unusable such that the operation of Tenant's business for the purposes described in Section 5.01 shall be materially impaired; PROVIDED, that written notice, given reasonably in advance considering the nature of the repair, shall have been provided to Landlord, which notice shall set forth, in reasonable detail, the nature and scope of the repair and the estimated cost thereof and PROVIDED further, that Landlord will be obligated to reimburse Tenant only to the extent reasonably necessary such that Tenant's business for the purposes described in Section 5.01 shall no longer be so materially impaired. Tenant agrees and acknowledges that Landlord's reimbursement obligation as set forth above is permitted being undertaken by Landlord as an accommodation to make pursuant Tenant due to the short-term nature of this Lease, . Tenant shall at all times put, keep agrees and maintain acknowledges that it is Tenant's duty and obligation to inspect the Leased Premises (includingProperty from time to time, without limitation, the roof, landscaping, walls, footings, foundations and structural components to conduct day-to-day maintenance of the Leased Premises) in the same (or better) condition Property and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all to perform any repairs and replacements of every kind and nature, whether foreseen that are required either for Tenant's operations or unforeseen, which may be required to be made upon or in connection with for the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity health and safety of persons present at the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerProperty.

Maintenance and Repair. (a) Except for Tenant shall, throughout the Term hereof and at no expense whatsoever to Landlord, take good care of the Premises and the Building and other Improvements and structural components thereof now or hereafter erected thereon and shall not do or suffer any Alterations that Tenant is permitted to make pursuant to this Leasewaste with respect thereto, and Tenant shall at promptly make all times putrepairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Building and maintain the Leased Premises other Improvements (including, without limitation, the roof, landscapingmechanical, wallsplumbing, footingselectrical, foundations and structural components of the Leased Premisesother Building systems) in the same (or better) good and lawful order and in at least as good condition and order of repair as exists as of such premises are in on the Commencement Date, except for ordinary Date but subject to reasonable wear and tear. When used in this Article, and the term “repairs” shall promptly make all repairs and replacements of every kind and natureinclude replacements, whether foreseen capital improvements or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to renewals when necessary. Tenant shall keep and maintain all portions of the Leased Premises Premises, in the order a clean and condition required by this Paragraph 11(a). orderly condition, free of accumulation of water, dirt, rubbish, snow and ice, and Tenant shall do not permit or cause others to do all shoring suffer any overloading of the Leased Premises or of foundations and walls floors of the Improvements and every other act necessary or appropriate Building. Landlord shall not be responsible for preservation and safety thereof, by reason the cost of any alterations of or in connection with repairs to the Premises of any excavation nature whatsoever, structural or other building operation upon any of the Leased Premisesotherwise, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing now in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days contemplation of the date insurance proceeds parties. To the extent not prohibited by law, Tenant hereby waives and releases all rights now or a condemnation award has been paid hereinafter conferred by statute or otherwise which would have the effect of limiting or modifying any of the provisions of this Section 6.3. In addition, the provisions of this Section 6.3 are subject to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerlimitations imposed by Article VII below.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto in reasonably good order and repair (includingwhether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased Premises) in the same (Property or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany portion thereof), and shall promptly except as otherwise provided in Articles 13 and 14, with reasonable promptness will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether foreseen or unforeseen, which may be required nature (including remodeling to be made upon or in connection with the Leased Premises in order extent necessary to keep and maintain the Leased Premises Property in a condition substantially the order and same as exists on the date hereof), whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition required by existing prior to or after the commencement of the Term of this Paragraph 11(aLease (concealed or otherwise). Tenant All repairs and remodeling shall, to the extent reasonably achievable, be at least equivalent in quality to the original work and shall do be accomplished by Lessee or cause others a party selected by Lessee. Lessee will not take or omit to do all shoring take any action the taking or omission of which might materially impair the value or usefulness of the Leased Premises Property or of foundations and walls of any part thereof for the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon Primary Intended Use. If Lessee fails to perform any of the Leased Premisesits obligations hereunder, whether or if Lessor reasonably determines that action is necessary and is not Landlord shallbeing taken, Lessor may, on giving 30 days' written notice to Lessee (other than in a case reasonably deemed by reason of Lessor to be an emergency, in which case no such notice shall be required), without demand on Lessee, perform any Legal Requirements or Insurance Requirements, be required such obligations in such manner and to such extent and take such other action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, Lessor may deem appropriate in the event of a Restoration pursuant that Lessee has not timely commenced to Paragraph 13(c) perform such obligation or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)action, and all repairs costs, expenses and charges of Lessor relating to any such action shall constitute Additional Charges and shall be made payable by Lessee to Lessor in a good, proper and workmanlike manneraccordance with Section 2.3.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks, and curbs appurtenant thereto in reasonably good order and repair (includingwhether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased Premises) in the same (Property or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany portion thereof), and shall promptly except as otherwise provided in Articles XIII and XIV, with reasonable promptness will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether foreseen or unforeseen, which may be required nature (including remodeling to be made upon or in connection with the Leased Premises in order extent necessary to keep and maintain the Leased Premises Property in a condition substantially the order and same as exists on the date hereof), whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition required by existing prior to or after the commencement of the Term of this Paragraph 11(aLease (concealed or otherwise). Tenant All repairs and remodeling shall, to the extent reasonably achievable, be at least equivalent in quality to the original work and shall do be accomplished by Lessee or cause others a party selected by Lessee. Lessee will not take or omit to do all shoring take any action the taking or omission of which might materially impair the value or usefulness of the Leased Premises Property or any part thereof for the Primary Intended Use. If Lessee fails to complete or to diligently pursue completion of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premisesits obligations hereunder, whether or if Lessor reasonably determines that action is necessary and is not Landlord shallbeing taken Lessor may, on giving 30 days' written notice to Lessee (other than in a case reasonably deemed by reason of Lessor to be an emergency, in which case no such notice shall be required), without demand on Lessee, perform any Legal Requirements or Insurance Requirements, be required such obligations in such manner and to such extent and take such other action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)Lessor may deem appropriate, and all repairs costs, expenses and charges of Lessor relating to any such action shall constitute Additional Charges and shall be made payable by Lessee to Lessor in a good, proper and workmanlike manneraccordance with Section 2.3.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Closing Date, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations foundations, parking areas, driveways and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Closing Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph Section 11(a). Tenant shall do do, or cause others to do do, all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs Sections 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after within thirty (30) days of the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph Section 13(c) or 14(g), within sixty thirty (6030) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Commencement Date, including any Requisition period, put, keep and maintain the each Leased Premises Property (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of each Leased Property) and the Leased Premises) Equipment in the same a similar (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear and the loss of a part of any Leased Property pursuant to a partial Condemnation with respect to which restoration is not practically feasible, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the each Leased Premises Property in order to keep and maintain the such Leased Premises Property in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the each Leased Premises Property or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the such Leased PremisesProperty, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES PROPERTY OR ANY PART THEREOF OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Commencement Date, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same a similar (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear and the loss of a part of the Leased Premises pursuant to a partial Condemnation with respect to which restoration is impossible, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted the maintenance to make pursuant to this Leasebe performed by the City hereunder, Tenant Concessionaire shall at all times put, keep and maintain the Leased Premises (includingbe obligated, without limitationcost to City, to maintain and keep the roofFacilities and every part thereof, landscapingincluding the common seating areas which support the Facilities set forth in Exhibit A, wallsin good order and repair and in safe condition. To accomplish the foregoing, footingsConcessionaire shall establish a written preventive maintenance program, foundations subject to the initial written approval and structural components of periodic review by the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all Director. All repairs and replacements shall be of every kind a quality substantially equal to the original in materials and natureworkmanship. Concessionaire shall be obligated, whether foreseen or unforeseenwithout cost to City, for all janitorial services for the Facilities, including the common seating areas which may support the Facilities set forth in Exhibit A. Concessionaire shall ensure that each Facility, and that area within a twenty-five foot radius of each Facility, shall be required kept free from all rubbish, filth and refuse, and Concessionaire must employ sufficient personnel to be made upon or place such rubbish and refuse in connection sealed disposable containers approved by the Director, transported to and placed within designated waste containers in areas selected by the Director. Concessionaire shall, at no cost to City, on an as-needed basis and consistent with the Leased Premises in order to keep and maintain the Leased Premises objectives set forth in the order Recitals, clean all restaurant and condition required by this Paragraph 11(a)bar equipment including walls, floors, ceilings, empty waste receptacles and perform other sanitation-related functions in the various Facilities. Tenant Concessionaire shall do or cause others to do connect to, maintain, and clean all shoring of the Leased Premises or of foundations grease traps, grease removal, and walls of the Improvements and every other act necessary or sewer drain cleaning systems and/or programs appropriate for preservation the size and safety thereofvolume of each Facility set forth in Exhibit A. In that regard, Concessionaire shall install Ecolab systems (or approved equal) to monitor grease build-up in each Facility. Any damage done to grease traps or sewer lines as a result of such installation, maintenance or cleaning shall be repaired by reason Concessionaire in a timely basis, at its sole cost and to the Director’s satisfaction. In addition to the remedy set forth in Section 8.3.2. and the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable $500.00 per occurrence (measured on a daily basis) for failure to do socomply with Section 5.7 inclusive of all sections therein. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRConcessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTConcessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $500.00 per occurrence is a reasonable estimation of the damages suffered by City. Nothing in Any assessment of liquidated damages by the preceding sentence Director shall be deemed paid to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), City by Concessionaire within sixty (60) 10 days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take receipt of an invoice for such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdamages.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, and the roof, landscaping, walls, footings, foundations Adjoining Property in as good repair and structural components appearance as they are in on the date hereof and after completion of any deferred maintenance items required by Initial Lender and fit to be used for their intended use in accordance with the better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or the then current standards for similarly situated office buildings prudently managed, and, in the same (or better) condition and order of repair as exists as case of the Commencement DateEquipment, in as good mechanical condition as it was on the later of the date hereof or the date of its installation, except for ordinary wear and tear, . Tenant shall take every other action necessary or appropriate for the preservation and safety of the Leased Premises. Tenant shall promptly make all repairs and replacements Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to comply with the foregoing requirements of this Paragraph 12(a) whether disclosed by Landlord or Tenant or as a consequence of any inspection by Lender promptly after the need for such Alterations becomes known to Landlord or Tenant. Any Alterations required to be made upon as a result of any inspection by Lender shall be commenced within thirty (30) days from receipt of notice from Landlord or in connection with the Leased Premises in order Lender and thereafter diligently pursued to keep and completion. Landlord shall not be required to make any Alteration, whether foreseen or unforeseen, or to maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring any of the Leased Premises or Adjoining Property in any way, and Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of foundations and walls of the Improvements and every other act necessary Landlord or appropriate for preservation and safety thereof, to require Landlord to make Alterations. Any Alteration made by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to this Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs 12 shall be made in a good, proper conformity with the provisions of Paragraph 13 and workmanlike mannerthe requirements of any Lender.

Maintenance and Repair. (a) Except Unless caused by Lessee's negligence or willful misconduct or that of its employees or agents, Lessee shall not be required to bear the cost of any Capital Improvements, including (without limitation) Capital Improvements required by the Franchisor under the Franchise Agreement. Lessor shall be responsible for any Alterations that Tenant is permitted all Capital Expenditures, subject to (i) Lessor's right to approve all Capital Expenditures, in connection with Lessor's approval or deemed approval of the Capital Budget pursuant to Section 3.7 and (ii) Lessor's right in its sole discretion to refuse to make pursuant any Capital Expenditure required by the Franchisor; provided that, if such refusal results in a default under or termination of the Franchise Agreement, Lessor shall be responsible for all damages, termination payments payable by Lessee under the terms of the Franchise Agreement, application fees for a new franchise license approved by Lessor, increased royalty fees and other costs arising out of such refusal or out of the resulting need to this Leaseapply for and enter into a substitute franchise license agreement. Except as set forth in the preceding sentence, Tenant nothing herein shall at all times put, keep and maintain be construed to require Lessor to build or rebuild any improvement on the Leased Premises (includingProperty, without limitationor to fund any repairs, the roofreplacements, landscapingalterations, walls, footings, foundations and structural components restorations or renewals of any nature or description to the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and natureProperty, whether ordinary or extraordinary, foreseen or unforeseen, which may be required or to be made upon or make any expenditure whatsoever with respect thereto, in connection with the Leased Premises in order this Lease, or to keep and maintain the Leased Premises Property in any way. Lessee hereby waives, to the order and condition required extent permitted by this Paragraph 11(a). Tenant shall do or cause others law, the right to do all shoring make repairs at the expense of Lessor pursuant to any law in effect at the time of the Leased Premises execution of this Lease or hereafter enacted. Lessor shall have the right to give, record and post, as appropriate, notices of foundations and walls of the Improvements and every other act necessary nonresponsibility under any mechanic's lien laws now or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerhereafter existing.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, which may be required unforeseen or arising by reason of a condition existing prior to be made upon the commencement of the Term of this Lease (concealed or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(aotherwise). Tenant shall do All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or cause others omit to do all shoring take any action the taking or omission of which would be reasonably expected to materially impair the value or the usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee may make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased PremisesProperty and will not significantly impair the revenue producing capability of the Leased Property or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, whether or not Landlord modifications and remodeling shall, without payment by reason Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any Legal Requirements or Insurance Requirementsand all repairs, be required improvements, additions, modifications and remodeling made to take the Leased Property in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) and obtain consent from Lessor prior to making such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRrepairs, WHETHER FORESEEN OR UNFORESEENimprovements, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYadditions, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDmodifications and remodeling; provided, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing however, that if in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallreasonable judgment of Lessee emergency repairs are needed, in all events, Lessee may make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware and shall notify Lessor that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has have been paid to the Trustee (it being understood that Tenant shall take such steps made as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersoon as practicable.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times puttimes, keep and at Tenant's expense, maintain the Leased Premises (includingin a clean, without limitationorderly, tenantable and sanitary condition, including Building areas of common usage. Tenant shall return the roof, landscaping, walls, footings, foundations and structural components Premises at the end of the Leased Premises) Term in the same (or better) condition good order and order of repair as exists as of the Commencement Date, except for ordinary wear and tearrepair, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order obligated to keep repaired and maintained during the Term (i) any glass windows, doors and door hardware, (ii) interior walls, floor coverings, columns and partitions, (iii) fixtures, (iv) heating, ventilating and air conditioning appliances, (v) plumbing, electrical and sewage facilities, and (vi) any and all other appurtenances of the Premises. In the event Tenant fails to maintain the Leased Premises as provided for herein Landlord shall have the right , but not the obligation, to perform such maintenance as is required of Tenant in the order and condition required by this Paragraph 11(a). which event Tenant shall do reimburse Landlord for its costs in providing such maintenance or cause others repairs together with a ten (10%) percent charge for Landlord's overhead and Tenant shall promptly reimburse Landlord for the amount so billed to do all shoring Tenant by Landlord. At the end of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate Term, Tenant shall pay Landlord for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon damages to any of the Leased Premisesforegoing, whether or not such damages were caused by the act or neglect of Tenant or any person invited or employed by, or under the control of Tenant. Landlord shallshall not be responsible to make any improvements or repairs to the Premises, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence and Landlord's sole obligation shall be deemed to preclude keep the Building's roof, walls and foundation structurally sound, except that Landlord shall not be responsible to make any such repairs made necessary by any act or neglect of Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)any person invited or employed by, or under the contract of Tenant. Tenant shall, in all events, make all repairs will obtain at its own expense a preventative maintenance contract on its air conditioning system for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days term of the date insurance proceeds or Lease, and shall provide a condemnation award has been paid copy of the maintenance agreement to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for At any Alterations that Tenant time when any Hotel Management Agreement is permitted to make pursuant to this Leasein effect, Tenant shall RIDA shall, at its sole cost and expense, and at all times putduring the Term, comply with the maintenance and repair standards for the Facility set forth in such Hotel Management Agreement. RIDA, at its sole cost and expense, shall also maintain, repair, replace and rebuild the Facility as necessary to keep the Improvements (other than the Existing Improvements) in First-Class Condition except for reasonable wear and maintain tear. Without limitation of the Leased Premises foregoing, RIDA shall perform all maintenance and make all repairs and replacements, ordinary as well as extraordinary, foreseen or unforeseen, structural or otherwise, which may be necessary or required so that at all times the Facility (includingtogether will all equipment, trade fixtures, mechanical and utility systems, paving, landscaping, installations and appurtenances) shall be in compliance with the Hotel Management Agreement, and in First-Class Condition. RIDA acknowledges and agrees that, during the Term, in order to adhere to these maintenance and repair standards, certain repairs and replacements which are accounted for as capital expenditures shall be required and are bargained for by the Port in consideration of the Site Lease, by JEPA in consideration of the Facility Lease, and by City as consideration for this Sublease, and that regular capital reinvestment in the Facility should therefore be anticipated by RIDA and that capital reinvestment for such purposes does not qualify RIDA for any concessions, subsidies, or other modifications of the Sublease during the Term. Further, RIDA shall provide containers for the collection of trash and garbage outside the Convention Center, which may require the City’s approval, and keep the Facility in a clean, safe, healthy and sanitary condition, free and clear of rubbish, litter, and any fire hazards. RIDA’s maintenance shall include, without limitation, all preventive maintenance, painting and replacements necessary to maintain and preserve the roofFacility, landscaping, walls, footings, foundations and structural components of compliance with the Leased Premises) BMPs. Except in the same (event where RIDA may need to undertake work to protect life, public health and safety, and property, or better) condition to maintain public services and order of repair as exists as of private services, which constitutes an “emergency development” in the Commencement Date, except for ordinary wear and tearPort’s CDP Regulations, and shall promptly make all repairs be processed by the Port in accordance with the “Emergency Developments” section of said CDP Regulations, prior to RIDA performing any non-routine repair or replacement (which shall mean any repair or replacement that does not occur with an expected or known frequency in the normal course of business) to the exterior, the structure or building systems or which will substantially interfere with the typical operation of the Improvements, or affect the portions of the Improvements that are generally accessible to the public (if any), RIDA shall submit to the City plans and replacements of every kind specifications with respect to such repair or replacement, as applicable, and naturereceive the City’s written approval thereof, whether foreseen pursuant to the procedures set forth in this Section 6.6 and Section 6.10, as if such repair or unforeseenreplacement, which may as applicable, were an Alteration; provided, however, that RIDA shall not be required to do so if RIDA would not be made upon required to obtain the City’s approval if such repair or replacement, as applicable, were an Alteration. If the City’s approval is required pursuant to this Sublease for any plans or specifications with respect to any repair or replacement, then the City shall not unreasonably reject such plans or specifications with respect to any such repair or replacement, as applicable, that, if not performed by RIDA, would result in connection an Event of Default. If RIDA is legally required to obtain the BPC’s approval for any plans or specifications with respect to any repair or replacement, then RIDA shall cooperate in good faith with the Leased Premises City to prepare such plans or specifications to be presented to the BPC. If the City withholds its consent in order violation of this Section 6.6(a) or if the BPC withholds its consent and, in each case, the City or the BPC, as applicable, does not give RIDA the opportunity to keep and maintain revise the Leased Premises plans or specifications for reconsideration by the City or the BPC, as applicable, then RIDA may challenge such decision of the City or the BPC, as applicable, through Judicial Reference in the order and condition required by this Paragraph 11(aaccordance with Section 6.6(e). Tenant RIDA’s obligation to repair or replace shall do or cause others be suspended during the pendency of any Judicial Reference pursuant to do this Section 6.6. By entering into this Sublease, RIDA expressly waives all shoring rights to make repairs at the expense of any of the Leased Premises or Public Entities, as provided in Section 1942 of foundations the California Civil Code, and walls all rights provided by Section 1941 of the California Civil Code. All amounts expended by RIDA for maintenance and repair of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required pursuant to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence this Section 6.6 shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards treated as supplemental Rent for Restoration pursuant to Paragraphs 13(c) and 14(g)all purposes of this Sublease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days conflict between the terms of the date insurance proceeds or a condemnation award has been paid Hotel Management Agreement and the terms of this Section 6.6(a) with respect to RIDA’s obligations hereunder, the Trustee (it being understood that Tenant terms of this Section 6.6(a) shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannercontrol.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLANDLORD shall keep the foundation, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, outer walls, footings, foundations roof and structural components of the Building, including its doors, door frames, door checks, and windows, in good repair as a Class A building. LANDLORD shall also be responsible for all maintenance and repair to the Common Areas, including parking lot and landscaping, structural components and mechanical systems of the Building, including heating, plumbing and air conditioning equipment; provided, however the LANDLORD shall not be responsible for the expense of repair of damages caused by the acts or negligence of TENANT or its employees or invitees. LANDLORD shall keep the Common Areas in a clean, sanitary and attractive condition. TENANT shall notify LANDLORD of any repairs which are the responsibility of the LANDLORD to perform. Except as expressly required elsewhere in this Lease, LANDLORD shall not be called upon to make any other improvements or repairs of any kind upon the Leased Premises and the Leased Premises and appurtenances shall at all times be kept in good order, condition, and repair by TENANT, and shall also be kept in a clean, sanitary, and safe condition in accordance with the laws of the State of Michigan, and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction, at the sole cost and expense of TENANT, and TENANT shall comply with all said requirements of the law, ordinances and otherwise affecting the Leased Premises) . TENANT shall permit no waste, damage or injury to the Leased Premises, and TENANT shall at its own cost and expense replace any glass windows, doors, door hardware and frames in the same (Leased Premises which may be broken by TENANT or better) condition and order of repair as exists as its employees or invitees. At the expiration of the Commencement Datetenancy created hereunder, except for ordinary TENANT shall surrender the Leased Premises in as good condition as when taken, reasonable wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required loss by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation fire or other building operation upon unavoidable casualty excepted. Notwithstanding anything in this paragraph contained, there shall be no obligation on the part of TENANT to comply with any of the Leased Premiseslaws, whether directions, rules and regulations referred to which may require structural alterations, structural repairs or not Landlord shallstructural additions, unless made necessary by reason of any Legal Requirements act or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallwork performed by TENANT, in all events, make all repairs for which it is responsible hereunder promptly (but in any event TENANT shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannercomply at its expense.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of such maintenance or repairs, plus a construction oversight fee for Landlord in an amount equal to five percent (a5%) of the cost and expense of such maintenance or repairs (and Landlord agrees to use good faith efforts to require other tenants of the Building to so pay for maintenance or repairs cause by the negligence or willful misconduct of such other tenants and their employees, agents, contractors or invitees, and the amounts so collected by Landlord shall be deducted from Operating Expenses); the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair, normal wear and tear excepted. Any repair or maintenance by Tenant shall be undertaken in accordance with the provisions and requirements of Section 16. Landlord is not responsible for replacing and/or repairing Tenant’s fixtures or any Above Standard improvements, or fixtures. Except as expressly provided in this Lease, Tenant shall at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseAt Tenant’s expense, Tenant shall at all times put, keep and maintain the Leased Premises (includingand appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, without limitation, Tenant shall keep the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) fixtures in the same (house or better) on or about the Premises in good order and repair; keep the furnace and HVAC systems clean and in good working order; promptly dispose of all garbage in appropriate receptacles; supply and change heating and air conditioning filters at least once a month; supply and change light bulbs and smoke detector batteries; promptly eliminate any dangerous condition on the Premises caused by Tenant or caused by Tenant’s family, agent, or visitor; take necessary precautions to prevent broken water pipes due to freezing; replace any lost or misplaced keys; pay any periodic, preventative, or additional extermination costs desired by Tenant; promptly notify Landlord of all needed repairs; maintain and order of repair as exists as of use reasonable diligence in maintaining the Commencement Date, except for ordinary wear yard and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen landscape in or unforeseenon the Premises, which may shall include but not be required limited to be made upon watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or in connection with other landscaping and foliage on or encroaching on the Leased Premises in order or any easement appurtenant to the Premises; and keep the walls free from dirt and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)debris. Tenant shall do make all required repairs to the Premises and improvements thereon, which shall include but not be limited to the plumbing systems, cooking appliances, cooling system, heating system, sanitary systems, and other electric and gas fixtures whenever damage to them has resulted from Tenant's misuse, waste, or neglect or that of his or her family, agent, or visitor. Major maintenance and repair of the Premises involving anticipated or actual costs in excess of $5,000.00 per incident that is not due to Tenant's misuse, waste, or neglect or that of his or her family, agent, or visitor and all repairs necessary to alleviate a condition that materially affects the physical health and safety of an ordinary tenant will be the responsibility of Landlord or Landlord's assigns. All requests for repairs, by the Tenant, must be in writing and delivered to the Landlord or its agent at the Landlord’s address for notices, as set out in this Lease. Tenant may not repair or cause others to be repaired any condition, regardless of the cause, without Landlord’s prior written consent. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item in need of repair or replacement, and the selection of the repairmen, will be at the Landlord’s sole discretion. Landlord is not obligated to complete a repair on a day other than a business day, unless required to do all shoring so by law. Landlord may require advance payment of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate repairs for preservation and safety thereofwhich Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Tenant shall be deemed to preclude be in default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, Landlord is not obligated to make the repairs. If Landlord or Landlord’s repairman is unable to access the Premises after making arrangements with Tenant to complete the repair, Tenant shall pay any trip charges resulting from being entitled Tenant’s failure to insurance proceeds or condemnation awards for Restoration pursuant provide access to Paragraphs 13(c) and 14(g)the Premises. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after agrees that no signs will be placed or painting done on or about the date Premises by Tenant becomes aware that such repairs are necessary, or, in or at Tenant direction without the event prior written consent of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted At all times during the Term, subject to make pursuant to this Leasethe provisions of Article XII, Tenant shall (subject, with respect to any Tenant Option Property, to the further provisions of this Article X following a Partial Property Termination Date), at Tenant’s sole cost and expense, (i) maintain (without the prior written consent of Landlord) each Demised Premises, all times putTenant’s Property with respect thereto, keep and all Common Areas that (A) are appurtenant to such Demised Premises, (B) are in Tenant’s exclusive control or (C) Tenant is required to maintain the Leased Premises pursuant to any applicable Property Documents (includingcollectively, without limitation“Tenant Common Areas”), the roofin each case in good order, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for (ordinary wear and teartear excepted) with the standard of care and quality taking into account the age of such Demised Premises, and shall otherwise in compliance with all applicable Property Requirements and the Permitted Use, and (ii) promptly make all customary (consistent with past practice) or necessary capital repairs and replacements thereof and thereto of every kind and nature, including without limitation all Required Work, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, which may be or arising by reason of Tenant’s use of the Demised Premises or such Tenant Common Areas, any prior use thereof or otherwise (but excluding any such repairs, replacements or other Work to the extent the same are required to be made upon as a result of Landlord’s gross negligence or willful misconduct, any affirmative acts in connection with work performed by Landlord or any of Landlord’s Related Users to any Tenant Option Property after a Partial TO Termination, or the Leased Premises negligence of any of Landlord’s Related Users in or about any Tenant Option Property after a Partial TO Termination), in each case, subject to ordinary wear and tear and taking into account the age of the applicable Demised Premises. Notwithstanding the foregoing, from and after the Partial Property Termination Date with respect to any Tenant Option Property, (A) Landlord shall (and Tenant shall no longer be obligated to) make and conduct all reasonable or customary maintenance, repairs and replacements of the load-bearing walls, roofs and other structural components (except any Alterations installed by Tenant that are located wholly within the Tenant Retained Portion) of such Tenant Option Property and (B) Tenant shall reimburse Landlord, as Additional Rent and, at Landlord’s option, as part of Installment Expenses, for Tenant’s Proportionate Share of the cost of all such maintenance, repairs and replacements; provided, however, that to the extent that any such maintenance, repairs or replacements disproportionately benefits either Portion of such Tenant Option Property, the Parties shall cooperate in good faith to adjust Tenant’s Proportionate Share of such costs solely with respect thereto in order to keep and maintain equitably reflect the Leased Premises in the order and condition required proportional benefit received by this Paragraph 11(a). Tenant shall do or cause others to do all shoring each of the Leased Premises or of foundations applicable Landlord Retained Portion and walls the applicable Tenant Retained Portion as a result of the Improvements applicable Work. In the event that the Parties cannot agree on the appropriate adjustment, either Party shall have the right to submit the same to expedited arbitration in accordance with the provisions of Section 27.1. Notwithstanding anything to the contrary herein and every other act necessary or appropriate for preservation and safety thereofthe avoidance of doubt, by reason in no event shall Tenant be in default of or in connection with any excavation or other building operation upon any its obligations under this Section 10.1(a) solely as a result of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for its failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed perform any Required Work if Landlord’s consent is required with respect to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) such Work and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate Landlord unreasonably withholds such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerconsent.

Maintenance and Repair. (a) Except for any Alterations The Tenants hereby acknowledge that they have been informed that the Landlord and/or his agents are not always available to provide support services to Tenants. Tenant is permitted agrees to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components perform minor repairs such as repairing leaking faucets and changing of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)air conditioning filters. Tenant shall do or cause others be responsible for failure to do all shoring of the Leased Premises or of foundations make such repairs and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or shall be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant damage resulting from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)such failure. Tenant shall, in shall pay the first $50.00 of all events, make all repairs; but Tenant shall not be responsible for more than $400.00 of repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after during the date Tenant becomes aware that initial term of the lease unless such repairs are necessarydue to Tenant's negligence or misconduct. If a problem comes up that should cost more than $50.00 to repair, orthen the Tenants must notify the Landlord as soon as possible, between 9:00 a.m. and 5:00 p.m. from Monday through Friday. After normal business hours, Tenants may leave a message and someone will get back to them as soon as possible. Under no circumstances will Landlord be responsible for any improvements or repairs costing more than $50.00 unless the Tenants were given written authorization to make repairs or improvements in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all advance. Major repairs shall be made reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a goodreasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs. If, proper in Landlord's judgment, there is substantial damage to the Premises, Landlord may terminate this lease by giving written notice to Tenant; the rent shall be prorated, and workmanlike mannerthe balance (less lawful deductions) refunded to Tenant. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or improper use by Tenant, Tenant's guests or other occupants. The cost of such may be deducted from the security deposit. Tenant shall maintain the yard by watering, weeding, fertilizing, mowing the grass and trimming the shrubs so as to maintain a good appearance. Tenant will be responsible for the lawn, plants, trees and shrubs that die during occupancy, and will replace them at tenant's own expense. Landlord may designate where trash receptacles will be stored on the Premises and where they are to be placed for pick up. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of responsibility by Tenant is entered into knowingly, voluntarily, and for consideration and is an express waiver of any statutory or common law obligation of Landlord.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of such maintenance or repairs, plus a construction oversight fee for Landlord in an amount equal to five percent (a5%) of the cost and expense of such maintenance or repairs; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. Notwithstanding the preceding sentence, Tenant shall not be required to make, nor be financially responsible for (except to the extent the same constitute Operating Expenses), any structural changes to the Building or to modify any Building Systems that do not exclusively serve the Premises unless the need for compliance is triggered by the construction of the Initial Improvements or Tenant’s Work or by any acts or omissions of Tenant or any of Tenant’s agents, servants, employees, customers, licensees or invitee. Any repair or maintenance by Tenant shall be undertaken in accordance with the provisions and requirements of Section 16. Landlord is not responsible for replacing and/or repairing Tenant’s fixtures or any Above Standard improvements, or fixtures. Except as expressly provided in this Lease, Tenant shall at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseAt Tenant’s expense, Tenant shall at all times put, keep and maintain the Leased Premises (includingand appurtenances in good sanitary condition during the term of this Lease and any extension of it. In particular, without limitation, Tenant shall keep the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) fixtures in the same (house or better) on or about the Premises in good order and repair; keep the furnace and HVAC systems clean and in good working order; promptly dispose of all garbage in appropriate receptacles; supply and change heating and air conditioning filters at least once a month; supply and change light bulbs and smoke detector batteries; promptly eliminate any dangerous condition on the Premises caused by Tenant or caused by Tenant’s family, agent, or visitor; take necessary precautions to prevent broken water pipes due to freezing; replace any lost or misplaced keys; pay any periodic, preventative, or additional extermination costs desired by Tenant; promptly notify Landlord of all needed repairs; maintain and order of repair as exists as of use reasonable diligence in maintaining the Commencement Date, except for ordinary wear yard and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen landscape in or unforeseenon the Premises, which may shall include but not be required limited to be made upon watering, mowing, fertilizing, trimming and controlling all lawn pests on all lawns, shrubbery, bushes, flowers, gardens, trees, rock or in connection with other landscaping and foliage on or encroaching on the Leased Premises in order or any easement appurtenant to the Premises; and keep the walls free from dirt and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)debris. Tenant shall do make all required repairs to the Premises and improvements thereon, which shall include but not be limited to the plumbing systems, cooking appliances, cooling system, heating system, sanitary systems, and other electric and gas fixtures whenever damage to them has resulted from Tenant's misuse, waste, or neglect or that of his or her family, agent, or visitor. The Lease shall terminate if maintenance or repair of the Premises involving anticipated costs in excess of $5,000.00 is necessary. All requests for repairs, by the Tenant, must be in writing and delivered to the Landlord or its agent at the Landlord’s address for notices, as set out in this Lease. Tenant may not repair or cause others to be repaired any condition, regardless of the cause, without Landlord’s prior written consent. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item in need of repair or replacement, and the selection of the repairmen, will be at the Landlord’s sole discretion. Landlord is not obligated to complete a repair on a day other than a business day, unless required to do all shoring so by law. Landlord may require advance payment of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate repairs for preservation and safety thereofwhich Tenant is liable. If Tenant fails to promptly reimburse Landlord for any repair costs that Tenant is obligated to pay, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Tenant shall be deemed to preclude be in default of this Lease. If Tenant is delinquent in rent at the time the repair notices are delivered to Landlord, Landlord is not obligated to make the repairs. If Landlord or Landlord’s repairman is unable to access the Premises after making arrangements with Tenant to complete the repair, Tenant shall pay any trip charges resulting from being entitled Tenant’s failure to insurance proceeds or condemnation awards for Restoration pursuant provide access to Paragraphs 13(c) and 14(g)the Premises. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after agrees that no signs will be placed or painting done on or about the date Premises by Tenant becomes aware that such repairs are necessary, or, in or at Tenant direction without the event prior written consent of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to acknowledges that, with full awareness of its obligations under this Lease, Tenant has accepted the condition, state of repair and appearance of the Premises. Tenant agrees that, at its expense, it shall at all times put, keep and maintain the Leased Premises (includingPremises, without limitationincluding any altered, rebuilt, additional or substituted buildings, structures and other improvements thereto or thereon, in safe condition, repair and appearance in a manner comparable with the roof, landscaping, walls, footings, foundations and structural components condition of the Leased Premises) in Premises at the same (or better) condition and order of repair as exists as commencement of the Commencement DateTerm of this Lease, except for ordinary reasonable wear and teartear excepted, but in no event shall the standard of maintenance and repair be less than the standards of maintenance and repair at other facilities of a similar nature owned or operated by Tenant or any Affiliate of Tenant. Tenant shall promptly make all repairs and replacements necessary to fulfill the foregoing maintenance and repair standards. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, whether foreseen and correct any patent or unforeseenlatent defects in the Premises, which may be required to be made upon or in connection with the Leased Premises in order to put, keep and maintain the Leased Premises in the order aforesaid condition, repair and condition required by this Paragraph 11(a)appearance. Tenant shall do will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or cause others observe all terms, covenants and conditions of any easement, restriction, covenant, declaration and maintenance agreement (collectively, "Easements") to do all shoring of which it may at any time be a party or to which the Leased Premises are currently subject or of foundations become subject pursuant to this Lease (including Tenant Easements and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, Landlord Easements) whether or not such performance is required of Landlord shallunder such Easements, by reason including without limitation, payment of any Legal Requirements all amounts due from Landlord or Insurance RequirementsTenant (whether as assessments, be required to take service fees or other charges) under such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Easements. Tenant shall, in all eventsat its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any event shall commence actions way or to initiate such correct any patent or latent defect therein. Tenant hereby expressly waives any right to make repairs as quickly as possible after at the date Tenant becomes aware that such repairs are necessary, or, expense of Landlord which may be provided for in any law in effect at the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days time of the date insurance proceeds commencement of the Term or a condemnation award has been paid to the Trustee (it being understood that which may thereafter be enacted. If Tenant shall take such steps as are reasonably necessary to protect vacate or abandon the Premises, it shall give Landlord and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerany Mortgagee immediate notice thereof.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingand the Adjoining Property in good repair and appearance and, without limitation, in the roof, landscaping, walls, footings, foundations and structural components case of the Leased Premises) Equipment, in the same (or better) condition and order of repair as exists as of the Commencement Dategood mechanical condition, except for ordinary wear and tear, and shall promptly make all repairs Alterations (substantially equivalent in quality and replacements workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, structural or non-structural, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises Land and Improvements in as good repair and appearance as they were on the date hereof, and the Equipment in as good mechanical condition as it was on the later of the date hereof or the date of its installation except for ordinary wear and tear; provided, however, that Tenant's maintenance and repair obligations in the order and condition required event of a casualty loss or taking shall be governed by this Paragraph 11(a)Paragraphs 13 through 15 below. Tenant shall do or cause others to do all shoring of the Leased Premises or Adjoining Property or of foundations and walls of the Improvements and every other act necessary or appropriate for the preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased PremisesPremises or Adjoining Property, whether or not Landlord shall, by reason of any Legal Requirements or Insurance RequirementsRequirement, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any Alteration, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed or to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in maintain any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)or Adjoining Property in any way, and all repairs Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of Landlord. Any Alteration made by Tenant pursuant to this subparagraph (a) or pursuant to subparagraph (b) of this Paragraph 11 shall be made in a good, proper and workmanlike mannerconformity with the provisions of Paragraph 12.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at throughout the Term assume the entire responsibility and shall relieve Landlord from all times putresponsibility for all repair, keep maintenance, replacements and maintain capital improvements on the Leased Premises when the cost does not exceed $5,000.00 per occurrence (includingwhich shall include, without limitation, any buildings and improvements thereon such as access roads and drives, parking areas and landscaping), whether such repair, maintenance, replacements or capital improvements be ordinary or extraordinary, structural or otherwise provided, however, Tenant shall have the roofright to develop and redevelop the Premises as permitted pursuant to the terms of this Lease and, landscapingfurther provided, walls, footings, foundations and structural components that Tenant shall not be obligated to repair or replace any portion of the Leased Premises) in Premises which is damaged as the same (or better) condition and order of repair as exists as result of the Commencement Dateuse by third parties of easements which encumber the Premises and which easements benefit other property except to the extent such damage is caused by Tenant or its employees, except for ordinary wear members, patrons, invitees, agents, servants and tearindependent contractors. Maintenance, repairs, replacements and capital improvements shall promptly make all repairs be in quality and replacements of every kind and natureclass comparable to similar properties, whether foreseen or unforeseen, which may be required to be made upon or in connection with preserve the Leased Premises in order to keep and maintain the Leased Premises in the good order and condition required by this Paragraph 11(acondition. Landlord agrees to assume the balance of the cost for all repair, maintenance, replacements and capital improvements on the Premises which exceed $5,000.00 per occurrence. Landlord shall assume full cost responsibility for all repair, maintenance, replacements and capital improvements on the Premises after Tenant has expended a total of $30,000 for maintenance and repair expenditures within any current calendar year (and prorated for any partial calendar year). Tenant shall do assume full cost responsibility for all non-maintenance improvements or cause others expansions initiated by Tenant. Maintenance and repair items, as defined by this section, are limited to do all shoring of structural, mechanical, electrical, and plumbing systems and does not include consumable operating supplies. During the Leased Premises or of foundations and walls of Term, subject to the Improvements and every other act necessary or appropriate for preservation and safety thereoflimitations on Tenant’s obligations as indicated above, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, Tenant shall be required to take such action or be liable for failure keep all buildings and other improvements in good, tenantable, useable condition throughout the Term of this Lease (subject to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRcasualty, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in condemnation and the preceding sentence shall be deemed other provisions of this Lease with regard to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) development and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days redevelopment of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completionPremises), and all repairs shall be made in a goodwithout limiting the generality thereof, proper and workmanlike mannerTenant shall: appearance.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), including, without limitation, all required seismic repairs, replacements and upgrades. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which may be required to be made upon might materially impair the value or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee shall make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased Premises, whether or Property and will not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in significantly impair the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety revenue producing capability of the Leased Premises pending such paymentProperty or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, modifications and remodeling shall, without payment by Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any and all repairs, improvements, additions, modifications and remodeling made to the Leased Property in excess of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) and shall diligently pursue obtain consent from Lessor prior to making such repairs to completion)repairs, improvements, additions, modifications and all repairs shall be made in a good, proper and workmanlike mannerremodeling.

Maintenance and Repair. Except as described in Exhibit “C”, attached, the Tenant accepts the Premises in its present condition as a date hereof. It is Landlord’s responsibility to maintain and repair the foundation, roof, permanent structures, exterior walls (aexcept doors and glass) Except and utility lines to their exterior point of entry; provided, however, that Landlord shall not be responsible for any Alterations that Tenant maintenance necessitated by the acts of Tenant, its agents or invitees. It is permitted Tenant’s responsibility to make pursuant maintain and keep in good repair the interior of the Premises, including fixtures, windows, doors, utilities, and all other repairs made necessary by Tenant’s failure to this Leaseso maintain; provided, however, Tenant shall at all times putnot be responsible for maintenance necessitated by the negligence or intentional wrongful acts of Landlord or its agents. Tenant must deliver the Premises to Landlord upon termination in as good condition as when leased, keep reasonable wear and tear excepted. If Tenant neglects to so maintain the Leased Premises, Landlord shall have the right, at Landlord’s option (but this clause shall not obligate Landlord so to do or relieve Tenant from any obligation hereunder),after notice to Tenant at the Premises, to act as deemed necessary by Landlord to maintain and repair the Premises (includingwithout liability for loss or damage to Tenant’s property, without limitationand charge the reasonable cost thereof to Tenant, which sum shall be promptly paid as additional rent. If Tenant determines in good faith that Landlord has neglected to maintain and repair, Tenant may elect as its sole remedy to notify Landlord in writing in detail of the necessary repairs, the roofestimated cost thereof and the intent of Tenant to complete the same. If Landlord (1) fails to give adequate assurance of commencement within 30 days after receipt of notice,(2) fails to respond, landscapingor (3) fails to question in good faith the necessity of all or a part thereof, walls, footings, foundations and structural components of the Leased PremisesTenant may (if not otherwise in default) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all complete such repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with deduct the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant reasonable cost thereof on a prorated basis from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which each rental installment as it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdue.

Maintenance and Repair. (a) (i) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, at its sole cost and expense, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and foundations, structural components of and other Improvements on the Leased Premises) and, subject to Paragraph 11(a)(iii) below, the Equipment in the same (or better) condition and order of repair as exists as of the Commencement DateDate of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRExcept as specifically set forth in this Lease, WHETHER FORESEEN OR UNFORESEENLandlord shall not be required to make any repair, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYwhether foreseen or unforeseen, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDor to maintain the Leased Premises or Adjoining Property in any way, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds any Law now or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)hereafter in effect. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. ‌ Tenant’s maintenance and repair obligations with respect to the Parking Improvements (aif any), Surface Parking Improvements, and Premises Surface Parking shall be as set forth in Section 4.3 and Exhibit “R”, Exhibit “R-3” or Exhibit “R-4”, as applicable, and not this Article 15. At any time when any Hotel Management Agreement is in effect, Tenant shall, at its sole cost and expense, and at all times during the Term, comply with the maintenance and repair standards for the Premises and the Initial Improvements set forth in such Hotel Management Agreement. Tenant, at its sole cost and expense, shall also maintain, repair, replace and rebuild the Premises and Initial Improvements as necessary to keep the Initial Improvements in first-class condition and repair except for reasonable wear and tear. Without limitation of the foregoing, Tenant shall perform all maintenance and make all repairs and replacements, ordinary as well as extraordinary, foreseen or unforeseen, structural or otherwise, which may be necessary or required so that at all times the Premises and the Initial Improvements (together will all equipment, trade fixtures, mechanical and utility systems, paving, landscaping, installations and appurtenances) Except shall be in compliance with the Hotel Management Agreement, and in first-class condition and repair, except for reasonable wear and tear. Tenant acknowledges and agrees that, during the Term, in order to adhere to these maintenance and repair standards, certain repairs and replacements which are accounted for as capital expenditures shall be required and are bargained for by Landlord as consideration for this Lease, and that regular capital reinvestment in the Premises and the Initial Improvements should therefore be anticipated by Tenant and that capital reinvestment for such purposes does not qualify Tenant for any Alterations concessions, subsidies, or other modifications of the Lease during the Term. Tenant also acknowledges that capital expenditures related to maintenance and repair so as to keep or return the Initial Improvements to first-class condition and repair are not to be equated with capital expenditures for a major refurbishment or renovation representing an upgrade to the appearance and/or operation of the Initial Improvements which extends its useful life and repositions the Initial Improvements in a manner likely to generate more Revenue. Further, Tenant is permitted shall provide containers for the collection of trash and garbage outside the Initial Improvements, which may require Landlord's approval, and keep the Premises and the Initial Improvements in a clean, safe, healthy and sanitary condition, free and clear of rubbish, litter, and any fire hazards. Tenant's maintenance shall include, without limitation, all preventive maintenance, painting and replacements necessary to make maintain and preserve the Premises and Initial Improvements, and compliance with the Best Management Practices (“BMPs”) set forth in the Jurisdictional Runoff Management Program incorporated by reference in Article 10 of the San Diego Unified Port District Code. Prior to Tenant performing any non-routine repair or replacement (which shall mean any repair or replacement that does not occur with an expected or known frequency in the normal course of business) to the exterior, the structure or building systems or which will substantially interfere with the typical operation of the Initial Improvements, or affect the portions of the Initial Improvements that are generally accessible to the public, such as the lobby area of the Resort Hotel, Tenant shall submit to Landlord plans and specifications with respect to such repair or replacement, as applicable, and receive Landlord's written approval thereof, pursuant to the procedures set forth in Article 6, as if such repair or replacement, as applicable, were Alterations. If such approval is administrative, Landlord shall not unreasonably reject any plans or specifications with respect to any repair or replacement, as applicable, that, if not performed by Tenant, would result in an Event of Default. If such approval is not administrative, Tenant shall cooperate in good faith with Landlord to prepare plans or specifications with respect to any repair or replacement to be presented to the BPC. If the BPC withholds its consent and does not give Tenant the opportunity to revise the plans or specifications for reconsideration by the BPC, then Tenant may challenge such decision of the BPC through Judicial Reference in accordance with Section 10.4.3(c). Tenant’s obligation to repair or replace shall be suspended during the pendency of any Judicial Reference pursuant to this Section 15.1. By entering into this Lease, Tenant shall expressly waives all rights to make repairs at all times putthe expense of Landlord, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components as provided in Section 1942 of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)California Civil Code, and all repairs shall be made in a good, proper and workmanlike mannerrights provided by Section 1941 of the California Civil Code.

Maintenance and Repair. (a) Landlord shall repair and maintain the structural and mechanical portions of the Building, including basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and Landlord shall keep all Common Areas in good, clean and sanitary order, and the costs thereof shall be includable as Operating Expenses; provided, however, that if maintenance and repairs are caused by the act, neglect, or omission of any duty by Tenant, its agents, servants, employees or contractors, then Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Except for as provided in Paragraph 8.5, there shall be no abatement of rent or liability to Tenant on account of any Alterations that injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Project or any part thereof. Tenant is permitted expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford to Tenant a right to make pursuant repairs at Landlord's expense or to terminate this LeaseLease because of Landlord's failure to keep the Premises in good order, condition and repair. Notwithstanding Landlord's obligation to the keep the Premises in good condition and repair, for that portion of the cost of any maintenance and repair of the Premises or any equipment (wherever located) that serves only Tenant or the Premises, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components be responsible for payment of the Leased Premises) in cost thereof to Landlord as additional rent to the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary extent such cost is attributable to causes beyond normal wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do be responsible for the cost of repairing or cause others to do all shoring replacing any Premises improvements that are not ordinarily a part of the Leased Premises Building or that are above then Building Standards. Landlord may, at its option, upon reasonable notice, elect to have Tenant perform any maintenance or repair, the cost of foundations which is Tenant's responsibility hereunder. Notwithstanding the provisions of Section 5.1, if Landlord fails to perform its maintenance and walls repair obligations hereunder within a reasonable time, and, as a consequence, Tenant's use of the Improvements Premises is substantially impaired, Tenant shall have the right to cause such repair or maintenance to be performed at Landlord's expense and every other act necessary or appropriate for preservation and safety to deduct the costs thereof, together with interest thereon at the highest rate permitted by reason of or in connection with any excavation or other building operation upon any of law, from the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required rent payable to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseSubtenant shall, Tenant shall at all times putSubtenant’s sole expense, keep the Sublease Premises and maintain the Leased Premises (includingevery part thereof in good condition, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, condemnation and shall promptly make all repairs insured casualty excepted, except for any obligations of Sublandlord under the Master Lease that are specifically set forth and replacements assumed by Sublandlord in this Sublease (including any obligations relating to the Sublease Premises prior to the Commencement Date herein) and any obligations of every kind and natureMaster Landlord under the Master Lease. If (x) Sublandlord reasonably determines that any maintenance and/or repair of the Sublease Premises is required under the terms of the Master Lease, whether foreseen or unforeseenand, which subject to such shorter time as may be required to be made upon or in connection with under the Leased Premises in order to keep Master Lease and maintain the Leased Premises in the order any maintenance and condition required repair rights of Master Landlord thereunder, such maintenance and/or repair item has not been completed by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant Subtenant within ten (10) business days after notice from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware Sublandlord that such repairs are necessary, item is required (or, in the event if such maintenance or repair is not reasonably capable of a Restoration pursuant to Paragraph 13(cbeing completed within such ten (10) or 14(g)business day-period, commenced within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect time period and preserve the integrity and safety of the Leased Premises pending such payment) and shall thereafter diligently pursue such repairs prosecuted to completion), or (y) any maintenance and/or repair to the Building is required by reason of the negligent act or omission or willful misconduct of Subtenant or its agents, employees, contractors, invitees, or licensees, and all Sublandlord or Master Landlord performs the required maintenance or repair work, Subtenant shall pay to Sublandlord or Master Landlord (as applicable) the reasonable cost of such maintenance and repairs. Subtenant hereby waives and releases any right to make repairs shall be made at Sublandlord’s expense under any applicable law now or hereafter in a goodeffect, proper except to the extent expressly set forth in Section 17 of this Sublease and workmanlike mannerSection 48 of the Master Lease.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseshall, Tenant shall at all times putits sole cost and expense, keep and maintain the Leased Premises (Premises, including, without limitationbut not limited to heating, ventilating and air conditioning equipment, in a good and serviceable state of repair and condition, excluding necessary repairs to the roof, landscapingstructural walls and foundation of any improvements (“Structural Repairs”), walls, footings, foundations and structural components reasonable evidence of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except which has been provided to Landlord. Landlord will be responsible for ordinary wear and tear, and shall promptly necessary Structural Repairs. Landlord will not be responsible to make all repairs and replacements of every kind and nature, whether any other foreseen or unforeseen, or ordinary or extraordinary changes or repairs which may be required to be made upon keep the Premises in good (or any other) repair and condition; or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection compliance with any excavation or other building operation upon any of the Leased Premisesapplicable laws except as may otherwise be expressly provided herein. Except as expressly provided herein, whether or Landlord shall not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take maintain, repair or rebuild the improvements on the Premises or maintain the Premises. If Landlord does not perform the repairs, maintenance and replacements required pursuant to this Lease within thirty (30) days after receipt of written notice from Tenant; provided, however, that if any such action or repairs cannot be liable for failure reasonably performed with said thirty (30) day period by the exercise of due diligence by Landlord, then the same shall not give rise to Tenant’s right to perform such repairs hereunder if within said thirty (30) day period Landlord commences the performance of such repairs and diligently prosecutes the same to completion, then Tenant shall have the right, but not the duty, to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRsaid repairs, WHETHER FORESEEN OR UNFORESEENmaintenance and replacements on behalf of Landlord and Tenant may offset the cost thereof, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYplus ten (10%) percent for overhead, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in against the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerRent.

Maintenance and Repair. (a) Except for any Alterations Lessee acknowledges that Tenant is permitted to make pursuant to this Leaseit has received the Leased Premises in good condition, Tenant shall repair and appearance. Lessee agrees that, at all times putits expense, it will keep and maintain the Leased Premises (includingand any Lessee's Improvements, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto, footingsin good condition, foundations repair and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Dateappearance, except for ordinary wear and tear, and shall it will promptly make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes and repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises and any Lessee's Improvements in such good condition, repair and appearance and it will keep the order Leased Premises and condition any Lessee's Improvements orderly and free and clear of rubbish. Lessor shall not be required by this Paragraph 11(a). Tenant shall do to maintain, repair or cause others rebuild, or to do all shoring make any alterations, replacements or renewals of any nature to the Leased Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain the Leased Premises or any part thereof in any way. Lessee hereby expressly waives the right to make repairs at the expense of foundations and walls Lessor which may be provided for in any law in effect at the time of the Improvements and every other act necessary commencement of the Term of this Lease or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of which may thereafter be enacted. If Lessee shall abandon the Leased Premises, whether or not Landlord shall, by reason of it shall give Lessor and any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerPermitted Mortgagee immediate notice thereof.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord's obligations hereinafter provided, Tenant shall at all times putduring the term hereof, and at Tenant's sole cost and expense, keep maintain and maintain repair the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations demised premises in good and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the sanitary order and condition required by this Paragraph 11(a(except as hereinafter provided). Tenant shall do or cause others hereby waives all rights to do all shoring make repairs at the expense of Landlord, provided that Landlord is in substantial compliance with his obligations to repair under the Leased Premises or provisions of foundations and walls of this lease. By entering into the Improvements and every other act necessary or appropriate for preservation and safety thereofdemised premises, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Tenant shall be deemed to preclude have accepted the demised premises as being in good and sanitary order, condition and repair and Tenant from being entitled agrees on the last day of said term or sooner termination of this lease, to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after surrender the date Tenant becomes aware that such repairs are necessary, ordemised premises with appurtenances, in the event same condition as when received, reasonable use and wear thereof and damage by fire, act of a Restoration pursuant God or by the elements excepted. Landlord shall maintain in good repair the exterior walls, roof, sidewalks, and common areas. Tenant is responsible for all other item including but not limited to Paragraph 13(c) or 14(gthe heating and air conditioning system, electrical system, plumbing (including pluggage and stoppage of sanitary sewer system), within sixty (60) days glass, light bulbs, fluorescent tubes, and supplemental fixtures. The provisions of this article are in no way intended to affect Tenant's responsibility for Common Area maintenance expense as specified by Articles 8 and 9 above. Tenant agrees that it will not, nor will it authorize any person to go onto the roof of the date insurance proceeds or building of which the demised premises are a condemnation award part, without the prior written consent of Landlord. Landlord shall not be required to make any repairs unless and until Tenant has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety notified Landlord in writing of the Leased Premises pending such payment) and shall diligently pursue need for such repairs and Landlord shall have a reasonable period of time thereafter to completion), commence and all repairs shall be made in a good, proper and workmanlike mannercomplete said repairs.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code, or under any similar law, statute, or ordinance now or hereafter in effect.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leasewill, Tenant shall at all times putTenant's sole expense, keep and maintain the Leased Premises (includingleased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, without limitationTenant shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the walks free from dirt, snow and debris; deposit all garbage and waste in a clean and sanitary manner into the roof, landscaping, walls, footings, foundations proper receptacles and structural components shall cooperate in keeping the garbage area neat and clean; dispose of items of such size and nature as are not normally acceptable by the garbage hauler; keep the kitchen and bathroom drains free of things that may tend to cause clogging of the Leased Premises) in drains and shall pay for the same (cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or better) condition damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks; and, at Tenant's sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and order electric and gas fixtures whenever damage thereto shall have resulted from Tenant's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair as exists as of the Commencement Dateleased premises, except for ordinary wear not due to Tenant's misuse, waste, or neglect or that of Tenant's employee, family, agent, or visitor, shall be the responsibility of the Landlord or Landlord's assigns. Tenant agrees that no signs shall be placed or painting done on or about the leased premises by the Tenant or at Tenant's direction without the prior written consent of the Landlord. Tenant agrees to keep sidewalks and teardriveways free of ice, snow, and shall promptly make all repairs debris, and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection safe condition in accordance with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)city ordinance. Tenant shall do not litter. All cigarette butts must be placed in a proper container and properly disposed of while smoking outside. Smoking is NOT allowed inside any premises. All service or cause others to do all shoring repairs, which fall within the responsibility of the Leased Premises Landlord, shall be requested by phone, in writing, or via email or the internet. Tenant shall not make repairs or hire contractors to make repairs without the Landlords written consent. Landlord shall respond to the emergency maintenance request as soon as practical. For the purposes of foundations this Rental Agreement, emergency maintenance is fire, flood, and walls uncontrollable water, backed up sewer, electrical problem endangering life, or smell of gas. Tenant is directed to call 911 for emergencies causing immediate danger such as fire or smell of gas. Tenant agrees to attempt to remedy all of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required below maintenance issues prior to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.notifying Landlord:

Maintenance and Repair. (a) Except for any Alterations that Landlord shall keep in good order and repair the foundation, the structural elements, the exterior walls and roof serving the Premises, plate glass, windows, doors and other exterior openings, window and door frames, molding, closure devices, locks and hardware, lighting, heating, air conditioning, electrical and mechanical installation, equipment and other fixtures servicing the Building (but not exclusively servicing the Premises), landscaping, parking areas, all common areas, exterior portions of the demising walls, and all other portions of the Building not constructed by Tenant is permitted or otherwise the responsibility of other tenants or occupants of the Building. Subject to make pursuant to this LeaseSection 3.5 hereof, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components be responsible for paying Tenant’s Proportionate Share of the Leased Premises) foregoing maintenance and repair costs as Additional Charges pursuant to Section 2.2. Notwithstanding anything to the contrary set forth herein, all costs incurred by Landlord pursuant hereto which relate to alterations, additions, changes, repairs, replacements or other items which, under generally accepted accounting principles, are properly classified as capital expenses, shall be amortized over the useful life of such alterations, additions, changes, repairs, replacements or other items in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearaccordance with generally accepted accounting principles, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others be responsible, as an Additional Charge in any given year, only for Tenant’s Proportionate Share of such costs attributable to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)said year. Tenant shall, at Tenant’s cost, keep the Premises in all eventsgood order and repair and shall maintain the Premises in a clean, make all repairs for which it is responsible hereunder promptly (but in safe, operable, attractive condition, and shall not permit or allow to remain any event shall commence actions waste or damage to initiate such repairs as quickly as possible after any portion of the date Tenant becomes aware that such repairs are necessaryPremises. Any heating, orair conditioning, electrical and mechanical equipment installed in the event Premises by Tenant shall be maintained and repaired by Tenant at Tenant’s cost. Landlord shall repair or replace, at Tenant’s cost, any damage to the Building caused by Tenant or Tenant’s agents, contractors, or invitees. The cost of a Restoration pursuant any repair or replacement work performed by Landlord under this 7.1(a) in excess of any insurance proceeds payable with respect to Paragraph 13(c) or 14(g), such work shall be paid by Tenant to Landlord within sixty ten (6010) days of the date insurance proceeds or a condemnation award after Landlord has been paid delivered to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manneran invoice therefore.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord’s obligations hereinafter provided, Tenant shall at all times putduring the term hereof, keep and at Tenant’s sole cost and expense, keep, maintain and repair the Leased Premises building and other improvements upon the demised premises in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, the roofmaintenance and repair of any store front, landscapingdoors, wallswindow casements, footingsglazing, foundations heating and structural components of the Leased Premises) in the same air conditioning system (or better) condition if any), plumbing, pipes, electrical wiring and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)conduits. Tenant shall do also at its sole cost and expense be responsible for any alterations or cause others improvements to do all shoring the demised premises necessitated as a result of the Leased Premises requirement of any municipal, state or of foundations and walls federal authority. Tenant hereby waives all right to make repairs at the Expense of the Improvements landlord, and every other act necessary or appropriate for preservation and safety thereofif the demised premises are located in the State of California, Tenant hereby waives all rights provided by reason of or in connection with any excavation or other building operation upon any Section 1941 of the Leased PremisesCivil Code of the State of California to make said repairs. By entering into the demised premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Tenant shall be deemed to preclude have accepted the demised premises as being in good and sanitary order, condition and repair, and Tenant from being entitled agrees on the last day of said term or sooner termination of this lease to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after surrender the date Tenant becomes aware that such repairs are necessary, ordemised premises with appurtenances, in the event same condition as when received, reasonable use and wear thereof and damage by fire, act of a Restoration pursuant God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks adjacent to Paragraph 13(c) or 14(g)the demised premises, within sixty (60) days as needed. Landlord shall, subject to Tenant’s reimbursement as herein provided, maintain in good repair the exterior walls, roof and sidewalks. Tenant agrees that it will not, nor will authorize any person to, go onto the roof of the date insurance proceeds or building of which the demised premises are a condemnation award has been paid to part without the Trustee (it being understood prior written consent of Landlord. Said consent will be given only upon Landlord’s satisfaction that any repairs necessitated as a result of Tenant’s action will be made by Tenant shall take such steps as are reasonably necessary to protect at Tenant’s expense and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall will be made in such a goodmanner so as not to invalidate any guarantee relating to said roof. Landlord shall not be required to make any repairs to the exterior walls, proper roof and workmanlike mannersidewalls unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Tenant shall reimburse Landlord for its prorata share of the cost of said repairs and maintenance incurred by Landlord, said prorata share to be determined according to the area of the demised premises as it relates to the total area of the building which contains the demised premises.

Maintenance and Repair. The Tenant shall, throughout the term of this lease, at its own cost and expense, maintain the interior of the Premises and all exterior Tenant-supplied equipment (aincluding all windows and doors, all interior equipment and plumbing and electrical systems supplied and used exclusively by Tenant, and such other fixtures as are used in connection with the occupancy of the Premises, including any and all replacements made by the Tenant) Except for any Alterations (except such as are the Landlord's obligation to maintain hereunder) in such condition, repair and order, as the same now are or hereafter may be put, reasonable wear and tear, repairs that Tenant is permitted are the obligation of Landlord to make pursuant hereunder excepted. With respect to this Leasethe HVAC system which serves the Premises, Tenant the parties agree that title to such system is hereby transferred to Landlord’s sole ownership, and in consideration thereof Landlord shall at assume all times putresponsibility for the maintenance and repair of such system. The initial cost to Landlord for updating the existing HVAC system shall be amortized as a portion of the lease rate charged to Tenant, keep as set forth in Exhibit A, but all other costs of repair and maintenance of the HVAC system shall be borne by Landlord. Landlord shall repair and maintain the Leased Premises (includingCommon Areas, without limitation, including the roof, landscapingfoundation, load-bearing walls, footingsfire panel and alarm, foundations sprinkler system, utility lines and systems that do not exclusively serve the Premises and other structural components of the Leased Premises) Building in the same (or better) condition good condition. Landlord, at its own cost and order of repair as exists as of the Commencement Date, except for ordinary wear and tearexpense, and without reimbursement from Tenant, shall promptly make be responsible for all capital repairs and replacements of every kind and natureat the Premises except as due to the negligence, whether foreseen willful misconduct, or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring gross negligence of the Leased Premises Tenant, or its employees, agents, or contractors, or caused by a breach by Tenant of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do soits obligations under this Lease. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant an emergency requiring Tenant to Paragraph 13(c) take preventative action, if Tenant is unable to contact Landlord using commercially reasonable attempts, or 14(g)if Landlord is not reasonably able to respond accordingly, within sixty (60) days Tenant is authorized to take reasonable remedial action and Landlord will promptly reimburse Tenant for any reasonable costs associated with such remedial action upon presentation of reasonable documentation in substantiation of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manneremergency costs.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseTenant, Tenant at its sole cost and expense, shall at keep the Property and all times putprivate roadways, keep sidewalks and maintain the Leased Premises (includingcurbs appurtenant thereto and which are under Tenant's control in good order, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear and tearas otherwise expressly provided to the contrary in Article XIV, and XV, or XVI with reasonable promptness, shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, which may be required or arising by reason of a condition existing prior to be made upon or in connection with the Leased Premises in order to keep commencement of the Term of this Lease and maintain regardless of the Leased Premises in the order and condition required by this Paragraph 11(a)cause necessitating repair. Tenant shall do or cause others also be obligated at its expense to do make all shoring of repairs, modifications and renovations necessary to comply with all licensing, safety and health and building code, regulations applicable to the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate Property so that it can be legally operated for preservation and safety thereof, its Primary Intended Use. All repairs by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, to the extent reasonably achievable, be at least equal in quality to the original work. Tenant shall not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of all eventsor any portion of the Property for the Primary Intended Use. Tenant shall give Landlord ten days prior written notice of any repair, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessaryreplacement, or, in the event of a Restoration modification or renovation pursuant to Paragraph 13(cthis Section the cost of which exceeds $200,000 and, prior to commencing any such repair, replacement, modification or renovation, shall provide to Landlord either (i) a lien payment and completion bond in form and substance and issued by a surety reasonably acceptable to Landlord or 14(g)(ii) a payment and completion guaranty in form and substance and executed by a guarantor reasonably acceptable to Landlord, within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that as Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannermay elect.

Maintenance and Repair. (a) Except Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property and Tenant’s Property, and every portion thereof, and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and which are under Tenant’s control in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any Alterations that prior use, the elements or the age of the Leased Property and Tenant’s Property, and, with reasonable promptness, make all commercially reasonable and necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the Commencement Date (including, but not limited to any latent or patent defects of the Leased Property). All repairs shall be at least equivalent in quality to the original work. Tenant is permitted will not take or omit to make pursuant take any action the taking or omission of which would reasonably be expected to this Lease, materially impair the value or the usefulness of the Leased Property or any part thereof or any Capital Improvement thereto for its Primary Intended Use. Tenant shall provide, install and at all times put, keep and maintain in the Leased Premises (all suitable furniture, fixtures and equipment, including, without limitation, the roofGaming Equipment, landscapingand all personal property necessary for the conduct of the Primary Intended Use. Notwithstanding the foregoing, wallsif Tenant reasonably believes that an election to not maintain, footings, foundations and structural components repair or replace any portion of the Leased Premises) Property or Tenant’s Property is in the same (best of interest of Tenant and the failure to maintain, repair or betterreplace such item(s) condition and order of repair as exists as of could not be reasonably expected to impair the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring fair market value of the Leased Premises or Property and Tenant’s Property, then Tenant may seek Landlord’s consent to waive compliance with the obligations of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection this Section 9.1 solely with respect to any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(gitem(s), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant which consent shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall not be made in a good, proper and workmanlike mannerunreasonably withheld.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after the Closing Date, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in substantially the same (or better) condition and order of repair as exists as of the Commencement Closing Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a), subject, however, at all times to the provisions of Xxxxxxxxx 00, Xxxxxxxxx 00(x), Xxxxxxxxx 00(x) and Paragraph 15, including, without limitation, Tenant’s receipt of insurance proceeds or condemnation awards to the extent Tenant is entitled thereto pursuant to the provisions of this Lease, and provided that Tenant shall have no obligation to repair any damage to the Leased Premises caused by the affirmative action of Landlord or any other Indemnitee, which repair shall be made by Landlord at Landlord’s sole cost and expense (and Tenant shall allow Landlord access to the Leased Premises to make such repair). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after within the later of (i) thirty (30) days of the date Tenant becomes aware that such repairs are necessarynecessary or (ii) if a permit or license is necessary to make such repairs, fifteen (15) days of the date on which Tenant obtains such permit or license, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty the later of (60A) thirty (30) days of the date insurance proceeds or a condemnation award has been paid to the Trustee or (B) if a permit or license is necessary to make such Restoration, fifteen (15) days of the date on which Tenant obtains such permit or license (it being understood that Tenant shall take such steps as are reasonably necessary necessary, to the extent permitted by Applicable Laws, to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations alterations that Tenant is permitted to make pursuant to this Leasehereunder, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (Premises, including, without limitation, the roof, roof membrane, landscaping, wallswalls (interior and exterior), footings, foundations foundations, parking lots, plumbing, conveyor systems and structural and non-structural components of the Leased Premises) , and the Adjoining Property, in the same (or better) condition good repair and order of repair as exists as of the Commencement Date, except for ordinary wear and tearappearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises in as good repair and appearance as they were as of the Commencement Date, except for ordinary wear and tear. Notwithstanding the foregoing, Tenant shall not be required to make structural repairs or structural replacements to the Improvements, the Land or Landlord's Trade Fixtures, unless such repair or replacement is needed because of Tenant's act or failure to maintain such items. Tenant shall not be required to maintain the Racking/Shelving Items in the Premises in the order same condition as at the Commencement Date; provided, however, that Tenant shall make any structural repairs or structural replacements necessary to the Racking/Shelving Items so that the system is operable for its intended purpose. Tenant shall do or cause others to do all that is necessary to plow or otherwise remove any and condition required by this Paragraph 11(a)all accumulated snow from the Premises and Adjoining Property and keep both in safe condition. Tenant shall do or cause others to do all shoring of the Leased Premises or Adjoining Property or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased PremisesPremises or Adjoining Property, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Premises or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTwhich right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)the terms of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (promptly, but in any no event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty longer than thirty (6030) days of the date insurance proceeds after a repair or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)replacement becomes prudent, and all repairs shall be made in a good, proper and workmanlike manner, and diligently pursued to completion. (b) If Tenant shall be in default under any of the provisions of this Paragraph 9, Landlord or Lender may, after thirty (30) days' notice to Tenant and failure of Tenant to commence to cure during said period or to diligently prosecute such cure to completion once begun, but immediately upon notice in the event of an emergency (that is, imminent danger of injury to persons or property), do whatever is necessary to cure such default as may be reasonable under the circumstances for the account of and at the expense of Tenant. In the event of an emergency, before Landlord may avail itself of its rights under this Paragraph 9(b), Landlord shall send notice to Tenant of the situation by telephone or other available communication. All actual and reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) so incurred by Landlord or Lender, together with interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord or Lender (as applicable) on demand. Tenant agrees that, in the event of an emergency, expenditures which might otherwise be unreasonable (such as overtime) may nevertheless be reasonable under the circumstances. (c) Tenant shall from time to time replace with other similar operational equipment or parts any of the mechanical systems or other equipment included in the Improvements which shall have become worn out, obsolete or unusable for the purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 12, or been lost, stolen, damaged or destroyed as provided in Paragraph 14. Tenant shall repair at its sole cost and expense all damage to the Premises caused by the removal of equipment or any other personal property of Tenant at any time, including upon expiration or termination of the Lease. 10.

Maintenance and Repair. (a) Except for any Alterations Tenant acknowledges that it has received the Property in good condition, repair and appearance. Tenant is permitted to make pursuant to this Leaseagrees that, Tenant shall at all times putits expense, it will keep and maintain the Leased Premises (includingProperty, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto, footings, foundations and structural components of the Leased Premises) in the same (or better) good condition and order of repair as exists as of the Commencement Daterepair, except for subject only to ordinary and reasonable wear and tear. It will make promptly, all structural and shall promptly make all nonstructural, foreseen and unforeseen, ordinary and extraordinary changes and repairs and or replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises Property in such good condition, repair and appearance and it will keep the order Property orderly and condition required by this Paragraph 11(a)free and clear of rubbish. Tenant shall do covenants to perform or cause others observe all terms, covenants or conditions or any reciprocal easement or maintenance agreement to do all shoring of which it may at any time be a party or to which the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Property are currently subject. Tenant shall, in all eventsat its expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefiting the Property by any other person subject to such agreement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any alterations, replacements or renewals of any nature to the Property, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen to maintain the Property or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be provided for in any law in effect at the time of the commencement of the term of this-Lease or which may thereafter be enacted. If Tenant shall abandon the Property, it shall give Landlord immediate notice thereof. The obligations of Tenant to pay Basic Rent and Additional Rent shall not be eliminated, reduced, suspended, or otherwise impaired by reason of such abandonment of the Property. In the event that the Property shall commence actions violate any law and as a result of such violation enforcement action is threatened or commenced against Tenant or with respect to initiate the Property, then Tenant shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such repairs violation, whether the same shall affect Landlord, Tenant or both, or (ii) take such action as quickly as possible after the date Tenant becomes aware that shall be necessary to remove such repairs are violation, including, if necessary, ormaking any necessary repairs or replacements, in the event of a Restoration pursuant to Paragraph 13(c) structural or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerotherwise.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease9.1.1 Tenant, Tenant shall at all times putits expense, will keep and maintain the Leased Premises (includingProperties, without limitationand all landscaping, private roadways, sidewalks and curbs appurtenant thereto which are under Tenant’s control and Tenant’s Personal Property in good order and repair, whether or not the need for such repairs arises out of Tenant’s use, any prior use, the roof, landscaping, walls, footings, foundations and structural components elements or the age of the Leased Premises) in Property or any portion thereof, or any cause whatsoever except the same (act or better) condition and order negligence of repair as exists as of the Commencement Date, except for ordinary wear and tearLandlord, and with reasonable promptness shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non‑structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the Commencement Date (concealed or otherwise) or existing after February 1, 2003 with respect to the Treemont Facility, and July 1, 2003 with respect to the Katy Facility and the Humble Facility; provided, however, that Tenant shall be permitted to prosecute claims against Landlord’s predecessor in title for breach of any representation or warranty made to or for the benefit of Landlord, or for latent defects in any Leased Property. Additionally, during the Term of this Lease, upon request and at the cost and expense of Tenant, and with respect only to the Leased Properties that were the subject of the Terminated Leases, Landlord agrees to use commercially reasonable efforts to pursue any right or claim Landlord may have against the seller under the applicable purchase agreement by which such Leased Properties were acquired for breach of any covenant, warranty or representation made with respect to the title, condition, use and operation of any Leased Property, or for latent defects in any Leased Property, the successful pursuit of which may benefit or assist Tenant in, or provide financial recovery to Tenant for, the performance of its obligations under this Lease. Where such right or claim may be required prosecuted by the assignee of Landlord, then Tenant shall be permitted to be made upon prosecute such right or claim, at Tenant's cost and expense, and, to the extent permitted by law, the applicable Landlord hereby assigns to Tenant all of such Landlord's rights to fully prosecute any such right or claims. Landlord shall cooperate in connection good faith with the Leased Premises in order to keep and maintain the Leased Premises Tenant in the order prosecution of any such right or claim, in the applicable Landlord's or Tenant's name, all at Tenant's cost and condition required by this Paragraph 11(a)expense. Tenant shall do at all times maintain, operate and otherwise manage the Leased Properties on a quality basis and in a manner consistent with the standards of the highest quality competing facilities in the market areas served by the Leased Properties. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work or, subject to the provisions of Paragraph 9.1.4, below, the property to be repaired shall be replaced. Tenant will not take or cause others omit to do all shoring take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Properties or of foundations and walls of any parts thereof for the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerPrimary Intended Use.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c13 (c) and 14(g)14 (g) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Subject to Section 18 hereof, in the event that any Improvement shall violate any Legal Requirements or Insurance Requirements and as a result of such violation enforcement action is threatened or commenced against Tenant or with respect to the Leased Premises, then Tenant, at the request of Landlord, shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the same shall affect Landlord, Tenant or both, or (ii) take such action as shall be necessary to remove such violation, including, if necessary, any Alteration. Any such repair or Alteration shall be made in conformity with the provisions of Paragraph 12. If Tenant shall be in default under any of the provisions of this Xxxxxxxxx 00, Xxxxxxxx may after thirty (30) business days written notice given to Tenant and failure of Tenant to cure during said period, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Tenant. In the event of an emergency Landlord shall notify Tenant of the situation by phone or other available communication. All reasonable sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, attorneys' fees and expenses) so incurred, together with interest thereon at the Default Rate from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Tenant shall from time to time replace with Replacement Equipment any of the Equipment which shall have become worn out or unusable for the purpose for which it is intended, been taken by a Condemnation as provided in Paragraph 13, or been lost, stolen, damaged or destroyed as provided in Paragraph 14. Tenant shall repair at its sole cost and expense all damage to the Leased Premises caused by the removal of Equipment or Replaced Equipment or other personal property of Tenant or the installation of Replacement Equipment. All Replacement Equipment (except for Trade Fixtures) shall become the property of Landlord, shall be free and clear of all liens and rights of others and shall become a part of the Equipment as if originally demised herein.

Maintenance and Repair. (a) Except for any Alterations Tenant acknowledges that it has received the Premises in good condition, repair and appearance. Tenant is permitted to make pursuant to this Leaseagrees that, Tenant shall at all times putits expense, it will keep and maintain the Leased Premises (includingPremises, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto, footings, foundations and structural components of the Leased Premises) in the same (or better) good condition and order of repair as exists as of the Commencement Daterepair. It will make promptly, except for all structural and nonstructural, foreseen and unforeseen, ordinary wear and tear, extraordinary changes and shall promptly make all repairs and or replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in such good condition, repair and appearance and it will keep the order Premises orderly and condition required by this Paragraph 11(a)free and clear of rubbish. Tenant shall do or cause others covenants not to do all shoring install any underground storage tanks on the Premises. [Note: depending on the results of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereofenvironmental audits, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason we may need to include language regarding remediation of any Legal Requirements existing tanks.] Tenant agrees that its obligation to maintain and repair the Premises as set forth in this Section 5.1 benefit both Landlord and Tenant, are the sole responsibility of Tenant, and may not be delegated. Tenant further covenants to perform or Insurance Requirementsobserve all terms, covenants or conditions of any reciprocal easement or maintenance agreement to which it may at any time be required a party or to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in which the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Premises are currently subject. Tenant shall, in all eventsat its expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefiting the Premises by any other person subject to such agreement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any Alterations of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be provided for in any law in effect at the time of the commencement of the term of this Lease or which may thereafter be enacted. If Tenant shall abandon the Premises, it shall give Landlord and Lender immediate notice thereof. The obligations of the Tenant to pay Basic Rent and Additional Rent shall not be eliminated, reduced, suspended, or otherwise impaired by reason of such abandonment of the Premises. In the event that the Premises shall commence actions violate any law and as a result of such violation an enforcement action is threatened or commenced against Tenant or with respect to initiate the Premises, then Tenant shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such repairs violation, whether the same shall affect Landlord, Tenant or both, or (ii) take such action as quickly as possible after the date Tenant becomes aware that shall be necessary to remove such repairs are violation, including, if necessary, ormaking any necessary repairs or replacements, in the event of a Restoration pursuant to Paragraph 13(c) structural or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerotherwise.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseTenant, Tenant at its sole cost and expense, shall at keep the Property and all times putprivate roadways, keep sidewalks and maintain the Leased Premises (includingcurbs appurtenant thereto and which are under Tenant's control in good order, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear and tearas otherwise expressly provided to the contrary in Article XIV, and XV, or XVI with reasonable promptness, shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, which may be required or arising by reason of a condition existing prior to be made upon or in connection with the Leased Premises in order to keep commencement of the Term of this Lease and maintain regardless of the Leased Premises in the order and condition required by this Paragraph 11(a)cause necessitating repair. Tenant shall do also be obligated at its expense to make all repairs, modifications and renovations necessary to comply with all licensing, safety and health and building code, regulations applicable to the Property so that it can be legally operated for its Primary Intended Use. All repairs by Tenant shall, to the extent reasonably achievable, be at least equal in quality to the original work. Tenant shall not take or cause others omit to do take any action, the taking or omission of which might materially impair the value or the usefulness of all shoring or any portion of the Leased Premises Property for the Primary Intended Use. Tenant shall give Landlord ten days' prior Notice of any repair, replacement, modification or renovation pursuant to this Section the cost of foundations which exceeds $250,000 and, prior to commencing any such repair, replacement, modification or renovation, shall provide to Landlord either (i) a lien payment and walls completion bond in form and substance and issued by a surety reasonably acceptable to Landlord or (ii) a payment and completion guaranty in form and substance and executed by a guarantor reasonably acceptable to Landlord, as Tenant may elect. Notwithstanding the foregoing, if Tenant obtains Landlord's prior written approval of the Improvements and every other act necessary general contractor performing such repair, replacement, modification or appropriate for preservation and safety thereofrenovation, by reason of the foregoing requirements to obtain a completion bond or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence completion guaranty shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerwaived.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseTenant, Tenant at its sole cost and expense, shall at keep the Property and all times putprivate roadways, keep sidewalks and maintain the Leased Premises (includingcurbs appurtenant thereto and which are under Tenant's control in good order, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear and tearas otherwise expressly provided to the contrary in Article XlV, and XV, or XVI with reasonable promptness, shall promptly make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, patent or latent, foreseen or unforeseen, which may be required or arising by reason of a condition existing prior to be made upon or in connection with the Leased Premises in order to keep commencement of the Term of this Lease and maintain regardless of the Leased Premises in the order and condition required by this Paragraph 11(a)cause necessitating repair. Tenant shall do or cause others also be obligated at its expense to do make all shoring of repairs, modifications and renovations necessary to comply with all licensing, safety and health and building code, regulations applicable to the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate Property so that it can be legally operated for preservation and safety thereof, its Primary Intended Use. All repairs by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, to the extent reasonably achievable, be at least equal in quality to the original work. Tenant shall not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of all eventsor any portion of the Property for the Primary Intended Use. Tenant shall give Landlord ten days prior written notice of any repair, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessaryreplacement, or, in the event of a Restoration modification or renovation pursuant to Paragraph 13(cthis Section the cost of which exceeds $200,000 and, prior to commencing any such repair, replacement, modification or renovation, shall provide to Landlord either (i) a lien payment and completion bond in form and substance and issued by a surety reasonably acceptable to Landlord or 14(g)(ii) a payment and completion guaranty in form and substance and executed by a guarantor reasonably acceptable to Landlord, within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that as Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannermay elect.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted The Landlord agrees to make pursuant any and all necessary structural repairs to this Leasethe Premises, unless said structural repairs shall have been necessitated by the act or neglect of the Tenant. Landlord shall use reasonable efforts to the extent commercially practicable to make said structural repairs during non-business hours of the Tenant. "Structural Repairs" shall be limited to repairs to the roof, beams, columns, and foundation of the Building. The Tenant shall at all times put, keep its own cost and maintain expense provide cleaning and janitorial services for the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others at its own cost and expense, take good care of, maintain, and make necessary repairs and/or replacements to do all shoring the Premises, including but not limited to, the fixtures and equipment therein (including the heating, ventilating, and air conditioning systems) and appurtenances thereto. All warranties on equipment, material, and labor which have been provided to Landlord for portions of the Leased Premises or of foundations and walls construction work which were issued from the building contractors shall be assigned to Tenant. Tenant shall be responsible for all day-to-day management of the Improvements Premises. To the extent Tenant requests that Landlord provide day-to-day management services for the Premises and every other act necessary or appropriate for preservation Landlord elects to provide said services, Landlord shall receive a management fee from Tenant equal to ten (10%) percent of the cost of services provided to the Premises through Landlord's management. If, within thirty (30) days after written notice from Landlord, Tenant has not diligently commenced to make the repairs described below, Landlord, at Landlord's option but at Tenant's expense, may make all repairs, in and safety thereof, about the Premises as shall be required by reason of (i) the installation, use or operation of Tenant's property in connection with any excavation the Premises; (ii) the moving of Tenant's property in and out of the Premises; (iii) the misuse, misconduct, act or other building operation upon neglect of Tenant or any of its employees, agents, representatives, contractors, or invitees within the Leased Premises; or (iv) the misuse, whether misconduct, or not Landlord shallnegligent act of Tenant or any of its employees, by reason of any Legal Requirements agents, representatives, contractors, or Insurance Requirements, be required invitees with regard to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days exterior of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerPremises.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of such maintenance or repairs, plus a construction oversight fee for Landlord in an amount equal to five percent (a5%) of the cost and expense of such maintenance or repairs; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. Any repair or maintenance by Tenant shall be undertaken in accordance with the provisions and requirements of Section 16. Landlord is not responsible for replacing and/or repairing Tenant’s fixtures or any Above Standard improvements, or fixtures. Except as expressly provided in this Lease, Tenant shall at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Article XIV and tearArticle XV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, which may be required unforeseen or arising by reason of a condition existing prior to be made upon the commencement of the Term of this Lease (concealed or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(aotherwise). Tenant shall do All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or cause others omit to do all shoring take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee shall make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased Premises, whether or Property and will not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in significantly impair the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety revenue producing capability of the Leased Premises pending such paymentProperty or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, modifications and remodeling shall, without payment by Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any and all repairs, improvements, additions, modifications and remodeling made to the Leased Property in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) and shall diligently pursue obtain consent from Lessor prior to making such repairs to completion)repairs, improvements, additions, modifications and all repairs shall be made in a good, proper and workmanlike mannerremodeling.

Maintenance and Repair. Keep the Demised Premises and improvements ---------------------- erected thereon in good condition and repair, including all plumbing, heating, electrical and air conditioning systems and any loading facilities including loading doors and dock bumpers. Tenant at its own expense shall enter into a maintenance contract (a"Maintenance Contract") Except with a heating and air conditioning repair service acceptable to Landlord for any Alterations that Tenant is permitted to make pursuant to this Lease, the Demised Term and shall provide Landlord with a copy of same. The specifications for the Maintenance Contract are attached hereto as Exhibit "C". The Tenant shall permit the Landlord or Landlord's duly authorized agents to enter upon the Demised Premises and the buildings and improvements thereon erected at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall promptly make comply with all repairs orders, regulations, rules and replacements requirements of every kind and nature relating to the Demised Premises, now or hereafter in effect, of the Federal, State, Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and whether they or any of them relate to structural changes or requirements of whatever nature, whether foreseen or unforeseento changes or requirements incident thereto, which may be required to be made upon or in connection with as the Leased Premises in order to keep result of the use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do such compliance, and shall indemnify and save harmless the Landlord from all shoring of the Leased Premises or of foundations expense, and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)comply with this covenant. Tenant shallfurther agrees to keep the Demised Premises clean and free from all ashes, in dirt and other refuse matter; replace all eventsglass windows, make doors, etc., which are broken; and keep all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in waste and drain pipes open. In the event of a Restoration pursuant the failure of Tenant promptly to perform the covenants of Paragraph 13(c9(b) or 14(g)hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdelinquent rent.

Maintenance and Repair. (a) Except for Landlord shall throughout the Term and any Alterations that Tenant is permitted to make pursuant to this Lease---------------------- and all Renewal Periods, Tenant shall at all times its own cost and expense, put, keep and maintain the Leased Premises (includingBuilding in good and sufficient condition, repair and order, including without limitation, both inside and outside, structural and non-structural, the roof, landscapingall connections with the street, wallstelephone, footingswater, foundations electric, gas mains and structural components sewers and all other utilities and the HVAC, boilers and machinery. Tenant shall have full access to environmental controls within the building, 24 hours a day, seven days a week. Should Landlord fail to proceed promptly and with all due diligence to make necessary repairs when notified, Tenant may undertake to have the repairs made and the amount of any sums reasonably paid by Tenant for such purpose shall promptly be paid by Landlord to Tenant. Landlord shall also, throughout the Term and any and all Renewal Periods, at its own cost and expense, put, keep and maintain the yards, parking areas, fences and sidewalks and such other fixtures and other improvements on the Leased Premises, excluding any and all replacements made by Tenant. Tenant shall throughout the Term and any and all Renewal Periods maintain a service contract on the elevator to be installed at Landlord's sole expense. Tenant shall be solely responsible for and shall promptly pay all charges for all utilities and services used by Tenant in the Leased Premises. Landlord has the right to enter the Leased Premises, including the Building, periodically, at any reasonable time during normal business hours to inspect the condition of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, which may be required unforeseen or arising by reason of a condition existing prior to be made upon the commencement of the Term of this Lease (concealed or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(aotherwise). Tenant shall do All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or cause others omit to do all shoring take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee shall make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased Premises, whether or Property and will not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in significantly impair the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety revenue producing capability of the Leased Premises pending such paymentProperty or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, modifications and remodeling shall, without payment by Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any and all repairs, improvements, additions, modifications and remodeling made to the Leased Property in excess of Ten Thousand and 00/100 Dollars ($10,000.00) and shall diligently pursue obtain consent from Lessor prior to making such repairs to completion)repairs, improvements, additions, modifications and all repairs shall be made in a goodremodeling, proper and workmanlike mannerexcept as set forth on Schedule 10.1.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord’s obligations hereinafter provided, Tenant shall at all times putduring the term hereof, keep and at Tenant’s sole cost and expense, keep, maintain and repair the Leased Premises and each part thereof in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, the roofmaintenance and repair of any storefront, landscapingdoors, wallswindow casements, footingsglazing, foundations plumbing, pipes, electrical wiring and structural components conduits, and the heating, ventilating and air conditioning system, including the maintenance of a service contract with a reputable heating and air conditioning contractor approved by Landlord. *Tenant shall repair any damage caused to any portion of the Leased Premises) in Premises as a result of any criminal or attempted criminal activity such as robbery or burglary,** Tenant shall also at its sole cost and expense make all alterations or improvements to the same (or better) condition and order of repair Premises necessitated as exists as a result of the Commencement Daterequirement of any municipal, except for ordinary wear and tearstate or federal authority. Tenant hereby waives any right which it may have to make repairs at the expense of Landlord, and shall promptly make Tenant hereby waives all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required rights provided for by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Section 1941 of the Leased Premises or of foundations and walls Civil Code of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason State of or in connection with any excavation or other building operation upon any of California to make such repairs. By entering into the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Tenant shall be deemed to preclude have accepted the Premises as being in good and sanitary order, condition and repair, and Tenant from being entitled agrees upon the expiration or earlier termination of this Lease to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after surrender the date Tenant becomes aware that such repairs are necessary, orPremises with appurtenances, in the event same condition as when received (with the addition of a Restoration pursuant to Paragraph 13(c) or 14(gfixtures and leasehold improvements which have become the property of Landlord), within sixty (60) days reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks adjacent to the Premises, as needed. Landlord shall, subject to Tenant’s reimbursement of Landlord as herein provided, maintain in good repair the exterior walls and roof of the date insurance proceeds or a condemnation award has been paid Premises, and sidewalks adjacent to the Trustee (it being understood that Premises. Tenant shall take such steps as are reasonably necessary to protect and preserve not, nor will it authorize any person to, go onto the integrity and safety roof of the Leased building of which the Premises pending such payment) and shall diligently pursue such are a part, without the prior written consent of Landlord. Said consent will be given only upon Landlord’s satisfaction that any repairs to completion)necessitated as a result of Tenant’s action will be made by Tenant, at Tenant’s expense, and all repairs shall will be made in such a goodmanner so as not to invalidate any guarantee relating to said roof. Landlord shall not be required to make any repairs to the exterior walls, proper roof and workmanlike mannersidewalks unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. In no event shall Tenant, without Landlord’s prior written consent, cut a hole in or other-wise penetrate the roof, floor or walls of the Premises for any purpose. Tenant shall reimburse Landlord, as additional rent, for Tenant’s pro rata share of the cost of all repairs and maintenance incurred by Landlord in this Article, said pro rata share to be determined according to the gross floor area of the Premises as it relates to the total gross floor area of the building of which the Premises are a part.

Maintenance and Repair. Landlord shall have no liability for failure to perform required maintenance and repair unless written notice of such maintenance or repair is given by Tenant, and Landlord fails to commence efforts to remedy the problem in a reasonable time and manner. Landlord shall have the right to erect scaffolding and other apparatus necessary for the purpose of making repairs, and Landlord shall have no liability for interference with Tenant’s use because of repairs and installations provided Landlord shall use reasonable efforts to minimize disruption to Tenant’s business. Tenant shall have no claim against Landlord for any interruption or reduction of services or interference with Tenant’s occupancy, and no such interruption or reduction shall be construed as a constructive or other eviction of Tenant provided Landlord shall use reasonable efforts to minimize disruption to Tenant’s business. Repair of damage caused by negligent or intentional acts or breach of this lease by Tenant, its employees or invitees shall be at Tenant’s expense after first applying the proceeds of insurance to cover such loss, if any. Notwithstanding the foregoing, Landlord shall have no obligation whatsoever for the maintenance and repair of the additional electrical and HVAC installed in the Premises by Tenant due to Tenant’s special equipment needs. Notwithstanding the foregoing, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) Except for necessitated by the acts or omissions of Landlord or any Alterations that Tenant is permitted other occupant of the Building, or their respective agents, employees or contractors, (b) occasioned by fire or other casualty or condemnation, (c) which could be treated as a “capital expenditure” under generally accepted accounting principles, (d) to make pursuant the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises or the Building other than any additional systems installed by Tenant, and (e) to this Leaseany portion of the Building outside of the demising walls of the Premises. Notwithstanding the foregoing, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components pay for its share of the Leased Premisesrepairs described in subsections (c)-(e) to the extent such costs are properly included in the same (or better) condition operating expenses. Landlord warrants and order of repair as exists represents that, as of the Commencement Date, except for ordinary wear and tear(i) the Premises, and shall promptly make the Building will comply with all repairs applicable laws, rules, regulations, codes, ordinances, underwriters’ requirements, covenants, conditions and replacements of every kind restrictions, (ii) the Premises will be in good and natureclean operating condition and repair, whether foreseen or unforeseen(iii) the electrical, which may mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and the Building will be required to be made upon or in connection with good operating condition and repair, and (iv) the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring roof of the Leased Premises or of foundations Building will be in good condition and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not water tight. Landlord shall, by reason promptly after receipt of notice from Tenant, remedy any Legal Requirements or Insurance Requirements, be required to take non-compliance with such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) warranty at Landlord’s sole cost and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerexpense.

Maintenance and Repair. (a) Except LESSOR agrees, at its expense, to maintain the structural soundness of the buildings upon the Leased Space and to maintain and repair the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems; provided that LESSEE shall reimburse LESSOR for the cost of any maintenance and repairs occasioned by the negligent or intentional acts of LESSEE, its employees, agents and invitees. LESSOR shall also make all repairs, alterations or additions required to be made by any governmental authority having jurisdiction, except to the extent resulting from LESSEE's exclusive use of the premises which is different in nature from the customary uses of the Lessor's fixed base operations. LESSOR shall be liable for damages sustained by LESSEE resulting from the failure of LESSOR to make any of said repairs; provided, however, that LESSOR shall not be liable for any Alterations that Tenant is permitted incidental or consequential damages, or lost revenues or profits, sustained by LESSEE resulting front the failure of LESSOR to make pursuant to this Leaseany said repairs. LESSOR shall keep the sidewalks, Tenant shall corridors, stairways and all other means of ingress and egress for the Leased Space and all common areas, parking areas and facilities and public portions of the Leased Space in good repair and in a clean and safe condition, free of any accumulation of debris. LESSOR shall, at all times putits cost, provide janitorial services for the Hangar Space, including the restrooms. LESSEE agrees that it will keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) Space in the same (or better) a similar condition and order state of repair as exists as received at the commencement of the Commencement Datethis Lease, except for ordinary reasonable wear and teartear and casualty damage not caused or contributed to by LESSEE excepted, and shall promptly make all repairs and replacements at LESSEE's own expense. LESSEE will not permit the undesirable accumulation of every kind and nature, whether foreseen trash or unforeseen, which may be required to be made upon other undesirable material in or in connection with around the Leased Premises in order to keep and maintain Space. LESSEE shall at its expense, provide janitorial services for the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerOffice Space.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseas provided in SECTION 9.1(b), Tenant shall at all times put, Lessee will keep and maintain the Leased Premises (includingProperty and all parts thereof, including without limitation, all private roadways, sidewalks, curbs and other appurtenances thereto that are under Lessee's control, and including without limitation windows and plate glass, parking lots, HVAC, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), in good order and repair and in compliance with the roofstandards of the Franchise Agreement (whether or not the need for such repairs occurred as a result of Lessee's use, landscapingany prior use, walls, footings, foundations and structural components the elements or the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and teartear excepted except for the obligation to make necessary and appropriate repairs, replacements and shall promptly improvements as provided in this SECTION 9.1(a), and, except as otherwise provided in SECTION 9.1(b), ARTICLE XIV or ARTICLE XV, with reasonable promptness, make all repairs necessary and appropriate repairs, replacements and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), which may be or required to be made upon or in connection with by any governmental agency having jurisdiction over the Leased Premises Property. All repairs shall, to the extent reasonably achievable, be at least equivalent in order quality to keep and maintain the Leased Premises in original work. Lessee will not take or omit to take any action, the order and condition required by this Paragraph 11(a). Tenant shall do taking or cause others to do all shoring omission of which might materially impair the value or the usefulness of the Leased Premises Property or any part thereof for its Primary Intended Use. If Lessee fails to make any required repairs or replacements after fifteen (15) days notice from Lessor, or after such longer period as may be reasonably required provided that Lessee at all times diligently proceeds with such repair or replacement, then Lessor shall have the right, but shall not be obligated, to make such repairs or replacements on behalf of foundations and walls for the account of the Improvements and every other act necessary or appropriate for preservation and safety thereofLessee. In such event, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence work shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards paid for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs full by Lessee as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerAdditional Charges.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease9.1.1. Lessee, Tenant shall at all times putits sole expense, will, during the Term, keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto and which are under Lessee's control (includingand Lessee's Personal Property) in good order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roof, landscaping, walls, footings, foundations and structural components elements or the age of the Leased Premises) in the same (Property, or better) condition and order of repair as exists as of the Commencement Dateany portion thereof), and, except for ordinary wear and tearas provided in Article XIV, and shall promptly with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseenunforeseen or arising by reason of a condition existing prior to or during the Term, provided, however, that Lessee shall be permitted to prosecute claims against Lessee's predecessors (but not Lessor except as herein provided) in title for (i) breach of any representation or warranty, or (ii) any latent defects in the Leased Property. All repairs shall be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which may might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use. -16- 9.1.2. Lessor shall not under any circumstances be required to be made upon build or rebuild any improvements on the Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen/unforeseen, in connection with the Leased Premises in order this Lease, or to keep and maintain the Leased Premises Property in any way. Lessee hereby waives, to the order and condition required extent permitted by this Paragraph 11(a). Tenant shall do or cause others law, the right to do all shoring make repairs at the expense of Lessor pursuant to any law in effect at the time of the Leased Premises execution of this Lease or hereafter enacted. Lessor shall have the right to give, record and post, as appropriate, notices of foundations and walls of the Improvements and every other act necessary non-responsibility (or appropriate for preservation and safety thereof, by reason of similar notices) under any mechanics' lien laws now or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerhereafter existing.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseLessee, Tenant shall at all times putits expense, will keep and maintain the Leased Premises Property and all private roadways, sidewalks and curbs appurtenant thereto (includingand Lessee's Personal Property) in good first class order and repair (whether or not the need for such repairs occurs as a result of Lessee's use, without limitationany prior use, the roofelements, landscaping, walls, footings, foundations and structural components the age of the Leased PremisesProperty or any portion thereof) in the same (or better) condition and order of repair as exists as of the Commencement Dateand, except for ordinary wear as otherwise provided in Articles XIV and tearXV, and shall promptly with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, which may be required unforeseen or arising by reason of a condition existing prior to be made upon the commencement of the Term of this Lease (concealed or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(aotherwise). Tenant shall do All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or cause others omit to do all shoring take any action the taking or omission of which might materially impair the value or the usefulness of the Leased Premises Property or of foundations any part thereof for the Primary Intended Use. Notwithstanding anything contained herein to the contrary, Lessee shall make additions, modifications and walls of remodeling to the Improvements Leased Property which are not Capital Additions from time to time which are necessary for the Primary Intended Use and every other act necessary which permit the Lessee to comply fully with its obligations set forth in this Lease, provided that any such action will be undertaken expeditiously, in a workmanlike manner and will not significantly alter the character or appropriate for preservation and safety thereof, by reason of purpose or in connection with any excavation detract from the value or other building operation upon any operating efficiency of the Leased Premises, whether or Property and will not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in significantly impair the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety revenue producing capability of the Leased Premises pending such paymentProperty or adversely affect the ability of the Lessee to comply with the provisions of this Lease. Such additions, modifications and remodeling shall, without payment by Lessor at any time, be included under the terms of this Lease and shall be the property of Lessor. Lessee shall notify the Lessor of any and all repairs, improvements, additions, modifications and remodeling made to the Leased Property in excess of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) and shall diligently pursue obtain consent from Lessor prior to making such repairs to completion)repairs, improvements, additions, modifications and all repairs shall be made in a good, proper and workmanlike mannerremodeling.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Lessee hereby accepts the Premises in their present condition. Lessee, at Lessee's expense and to make pursuant to this LeaseLessor's satisfaction, Tenant shall keep the Premises neat and safe at all times put, keep and shall maintain the Leased same in good condition and repair, improving or repairing the Premises (or any part thereof as may be required by law, including, without limitationbut not limited to, plumbing and plumbing fixtures, sprinkler system, wiring, light fixtures, and related electrical facilities, including replacement of light bulbs or fluorescent tubes, doors, glass, all air-conditioning facilities, if present and regardless of the roofownership thereof, landscapingand all heating facilities. Lessor, wallshowever, footings, foundations shall be obligated at its expense to maintain the roof and structural components of the Leased Premises. Lessee waives the right, statutory or otherwise, to perform work of any type or nature to Lessor's improvement(s) at Lessor's expense, or to withhold rent due hereunder to apply to such work. . Lessee specifically waives any rights it might have under California Civil Code Sections 1941 and 1942. If at any time during the life of this Lease Lessor's improvements or any part thereof may require altering, renewing, repairing, or rebuilding due to any improper maintenance by Lessee, notwithstanding anything to the contrary herein contained, Lessee, at Lessee's expense, shall be obligated to perform such work, unless otherwise mutually agreed upon in writing between the same (parties hereto. Upon the expiration or bettertermination of this Lease, any and all altering, repairing, renewing, replacing, or rebuilding by Lessee of Lessor's improvement(s) condition shall be and order of repair remain Lessor's property and shall be surrendered therewith as exists as of the Commencement Datepart thereof without disturbance, molestation, or injury thereto, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which as may be required mutually agreed upon in writing between the parties hereto. The Premises or any part thereof shall not be used for displaying signs and notices not solely related to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required Lessee's business contemplated by this Paragraph 11(a)Lease. Tenant shall do or cause others to do all shoring of All notices and signs upon the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed neat and properly maintained. Lessor shall have the right to preclude Tenant from being entitled enter the Premises at all reasonable times to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after inspect the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersame.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted shall, subject to make pursuant to this LeaseLandlord’s obligations hereinafter provided, Tenant shall at all times putduring term hereof, keep and at Tenant’s sole cost and expense, keep, maintain and repair the Leased Premises building and other improvements upon demised premises in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, maintenance and repair of any store front, doors, window casements, glazing, heating and air conditioning system (if any), plumbing, pipes, electrical wiring and conduits. Heating and air-conditioning units must be maintained by a licensed HVAC engineer on at least a quarterly basis at the roof, landscaping, walls, footings, foundations expense of Tenant. Landlord may master contract this service and structural components of pro-rate the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required cost to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)Tenant. Tenant shall do also at its sole cost and expense be responsible for any alterations or cause others improvements to do all shoring demised premises necessitated as a result of the Leased Premises requirement of any municipal, state or federal authority. Tenant hereby waives all right to make repairs at the expense of foundations Landlord, and walls Tenant hereby waives all rights provided for by Section 1941 of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any Civil Code of the Leased Premises, whether or not Landlord shall, by reason State of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do soCalifornia. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in By entering into the preceding sentence demised premises Tenant shall be deemed to preclude have accepted the demised premises as being in good and sanitary order, condition and repair and Tenant from being entitled agrees on the last day of said term or any extensions or sooner termination of this lease to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after surrender the date Tenant becomes aware that such repairs are necessary, ordemised premises with appurtenances, in the event same condition as when received, reasonable use and wear thereof and damage by fire, act of a Restoration pursuant God or by the elements excepted. Tenant shall periodically sweep and clean sidewalks adjacent to Paragraph 13(c) or 14(g)demised premises, within sixty (60) days as needed. Landlord shall, subject to Tenant’s reimbursement as herein provided, maintain in good repair exterior walls, roof and sidewalks. Tenant agrees that it will not, nor will it authorize any person to, go onto the roof of the date insurance proceeds or building of which demised premises are a condemnation award has been paid to the Trustee (it being understood part without prior written consent of Landlord. Said consent will be given only upon Landlord’s satisfaction that any repairs necessitated as a result of Tenant’s action will be made by Tenant shall take such steps as are reasonably necessary to protect at Tenant’s expense and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall will be made in such a goodmanner so as not to invalidate any guarantee relating to said roof. Landlord shall not be required to make any repairs to exterior walls, proper roof and workmanlike mannersidewalks unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period of time thereafter to commence and complete said repairs. Tenant shall reimburse Landlord for its prorata share of the cost of said repairs and maintenance incurred by Landlord, said prorata share to be determined according to the area of the demised premises as it relates to the total area of the building which contains the demised premises.

Maintenance and Repair. Keep the Demised Premises and improvements erected thereon in good condition and repair, including all plumbing, heating, electrical and air conditioning systems and any loading facilities including loading doors and dock bumpers. Tenant at its own expense shall enter into a maintenance contract (a"Maintenance Contract") Except with a heating and air conditioning repair service acceptable to Landlord for any Alterations that Tenant is permitted to make pursuant to this Lease, the Demised Term and shall provide Landlord with a copy of same. The specifications for the Maintenance Contract are attached hereto as Exhibit "B". The Tenant shall permit the Landlord or Landlord's duly authorized agents to enter upon the Demised Premises and the buildings and improvements thereon erected at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall promptly make comply with all repairs orders, regulations, rules and replacements requirements of every kind and nature relating to the Demised Premises, now or hereafter in effect, of the Federal, State Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, and whether they or any of them relate to structural changes or requirements of whatever nature, whether foreseen or unforeseento changes or requirements incident thereto, which may be required to be made upon or in connection with as the Leased Premises in order to keep result of the use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do such compliance, and shall indemnify and save harmless the Landlord from all shoring of the Leased Premises or of foundations expense, and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)comply with this covenant. Tenant shallfurther agrees to keep the Demised Premises clean and free from all ashes, in dirt and other refuse matter; replace all eventsglass windows, make doors, etc., which are broken; and keep all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in waste and drain pipes open. In the event of a Restoration pursuant the failure of Tenant promptly to perform the covenants of Paragraph 13(c8(b) or 14(g)hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdelinquent rent.

Maintenance and Repair. (a) Except for any Alterations that From and after the time Tenant is permitted obtains possession of the Premises, Landlord shall have no obligation to make pursuant any repairs, improvements, or alterations whatsoever to this Leasethe interior of the Premises, except to the extent necessitated by the negligence or misconduct of Landlord. Landlord shall maintain in good and substantial repair during the Lease term, as a Common Area maintenance chare, the exterior of the Building (including the slab floor, roof, gutters, downspouts, and exterior walls, but not glass, plate glass, or doors) and sidewalks, paved parking, loading docks, utility lines not exclusively used by and located in the Tenant's premises, and utility lines used exclusively by Tenant located outside the Premises, and other Common Areas, except to the extent that the damage thereto is caused by negligence or misconduct or Tenant, in which event Tenant shall be responsible therefor. Notwithstanding the foregoing, Tenant shall only be responsible for utility lines located within the Premises that exclusively serve the Premises. As provided above, Tenant shall at all times putTenant's own cost and expense, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components all interior portions of the Leased Premises) Premises in good order and repair and in as safe and clean a condition as they were when received by Tenant, reasonable use and wear excepted. Said obligations shall include maintenance of exterior entrances, all partitions, doors, door jambs, door closers, door hardware, fixtures, equipment and appurtenances thereof, and plumbing, electrical, lighting, and heating systems which protrude into the Premises and all other portions of the Building except as provided in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)following paragraph. Tenant shall do at Tenant's sole cost and expense repair and replace the glass in any display window on the Premises that become broken, regardless or cause others cause. If Tenant refuses or neglects to do all shoring of repair items properly required under this paragraph as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or the Leased Premises or of foundations Tenant's business by reason there of, and walls of the Improvements and every other act necessary or appropriate for preservation and safety upon completion thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take pay Landlord's cost for making such steps as are reasonably necessary to protect repairs, plus 10% for Landlord's overhead and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersupervision.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, hereunder. Tenant shall at all times times, including any Restoration period, put, keep and maintain the Leased Premises (Premises, including, without limitation, the roof, landscaping, wallsparking areas, walls (interior and exterior), footings, foundations foundations, Building Systems, and structural and non-structural components of the Leased Premises) Premises in the same (or better) condition good repair and order of repair as exists as of the Commencement Date, except for ordinary wear and tearappearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, ordinary as well as extraordinary, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises in good repair and appearance. Tenant shall, during the order Term of this Lease, implement and condition required by this Paragraph 11(a)carry out a program requiring reasonable maintenance practices and preventative maintenance with respect to the Leased Premises. Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building building, operation upon any of the Leased Premises, Premises whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENordinary as well as extraordinary, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYwhether foreseen or unforeseen or to maintain any of the Leased Premises in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTwhich right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)the terms of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike mannermanner with materials substantially equivalent in quality to the original work. In the event that (i) Tenant shall make any repair to the Leased Premises and such repair is of the type with respect to which Landlord is entitled to have disbursed to it funds on deposit in the "Replacement Reserve" (as defined in Section 1.8(a) of the Mortgage) and (ii) such funds shall have been disbursed to Landlord, then, provided no Event of Default shall have occurred and be continuing, Landlord shall pay to Tenant any funds so disbursed to Landlord from the Reserve Fund on account of such repair promptly after Landlord's receipt of such funds.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant Landlord shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may not be required to be made upon make any improvements, replacements or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason repairs of any Legal Requirements kind or Insurance Requirements, be required character to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Premises during the terms of this Lease. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep, maintain, repair and replace the Premises in all eventsa clean, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions safe, sanitary condition, substantially similar to initiate such repairs that as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to hereof, and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect maintenance, repair, and preserve the integrity and safety replacement, if necessary, of the Leased Premises pending such payment) roof, foundation, parking and shall diligently pursue such repairs to completion)access areas, structures, and all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all walls, partitions, doors and windows, including the regular painting thereof, all entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be made equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a goodclean and orderly condition, proper free of accumulation of dirt, rubbish, snow and workmanlike mannerice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice of default and expiration of grace period, if any, shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof. Tenant shall pay to Landlord all costs plus eight percent (8%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of xxxx therefor. Within twelve (12) months of the date hereof, Tenant agrees to repair or replace the roof on the 5,000 square foot building located on the Premises.

Maintenance and Repair. (a) Except At Tenant’s expense, and except for reasonable wear and tear and damage from fire or other casualty or taking by eminent domain, to keep the Premises, including, without limitation, all interior and exterior glass, all utilities, pipes, conduits, drains, loading docks and other installations used in connection with the Premises, clean, neat and in good order, repair and condition, excluding any Alterations that Tenant is permitted structural repairs to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (except those required due to Tenant’s use therein) and to arrange for, or enter into contracts regarding the provision of such services as are necessary to do so including, without limitation, the roofremoval of rubbish, landscapingto replace all light bulbs and ballasts as necessary, wallsand to keep the Premises and such installations in as good condition, footingsorder and repair as the Premises and such installations are at the Term Commencement Date or such better condition as the Premises or such installations thereafter may be put, foundations reasonable wear and use and damage by fire or other casualty only excepted, it being understood that the foregoing exception for reasonable wear and use shall not relieve Tenant from the obligation to keep the Premises and such installations in good order, repair and condition including, without limitation, all necessary and ordinary non-structural repairs, replacements and the like. Tenant further agrees to maintain and repair the heating, ventilating, and air-conditioning system (“HVAC”) exclusively servicing the Premises; and, when necessary, at its own cost and expense, to replace the major components of such system including, without limitation, the Leased Premises) in units themselves, the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearcompressor, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)fan motor. Tenant shall do or cause others to do all shoring of have the Leased Premises or of foundations HVAC systems and walls of the Improvements fire systems inspected by a reputable contractor and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) an on-site service contract reasonably satisfactory to Landlord and 14(g)shall immediately make any repairs as necessary. Landlord reserves the right, upon notice to Tenant, to implement a preventative maintenance program for the HVAC and fire systems serving the Premises at Tenant’s expense. Tenant shallshall provide copies of all inspection reports upon Landlord’s request, in and all events, make all invoices evidencing any repairs for which it is responsible hereunder promptly to Landlord within thirty (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (6030) days of the date insurance proceeds or a condemnation award has been paid completion of such repair. Tenant also agrees to abide by reasonable rules and regulations which may be adopted by Landlord from time to time, including the Trustee (it being understood that Tenant shall take such steps Rules and Regulations attached hereto as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.Exhibit E.

Maintenance and Repair. Tenant, at its sole cost and expense, shall maintain, replace, and repair (aincluding replacements if necessary) Except and keep in neat, clean and orderly condition the Demised Premises and every part thereof (regardless of whether the need for such repairs occurs as a result of Tenant use, any Alterations that prior use, the elements, or the age of such portion of the Demised Premises, or otherwise) including, without limiting the generality of the foregoing: all plumbing, electrical and lighting facilities and equipment on the Demised Premises (including any heating, ventilation and air conditioning system exclusively serving the Demised Premises); fire sprinkler systems (if any); fixtures; interior walls; exterior walls; roof; foundation; floors; ceilings; windows; doors; plate glass; skylights; entrances and vestibules; storefront; and all signage located on the Demised Premises. Tenant is permitted shall provide security services (if necessary), provide for snow and ice removal, maintain the landscaping and repair all parking areas and driveways (including pavement, asphalt and curbing) located on the Demised Premises, and do all such things necessary to make pursuant keep the Demised Premises in first class condition. Notwithstanding anything stated to this Leasethe contrary herein, Tenant shall not be responsible, and shall be held harmless for any harm or liability caused by any fire, gas leak, explosion of any sort, or environmental discharge harm that is allowed or caused by the act or omission of any neighboring or nearby property owner. In connection with Tenant surrendering possession of the Demised Premises at all times putthe end of the Lease Term, keep Tenant agrees to repair any damage to the Demised Premises caused by or in connection with the removal of any article of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including without limitation thereto, repairing the floor and patching and painting the walls where required to return the Demised Premises to the condition existing at the Rent Commencement Date, reasonable wear and tear excepted. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Demised Premises, including without limitation any claims made by any succeeding tenant founded on such delay. The obligations of Tenant set forth in this subsection shall survive expiration or earlier termination of this Lease. If Tenant fails to maintain the Leased Demised Premises in good order, condition and repair, Landlord shall give Tenant notice to do such acts which are Tenant’s obligation hereunder. If Tenant thereafter fails to promptly complete such obligations within thirty (30) days, or if such obligations cannot be completed within 30 days, to commence such work within ten (10) business days and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Demised Premises by Tenant as a result of performing any such work. Tenant shall perform all acts required to comply with all applicable laws, ordinances, and rules of any public authority relating to its maintenance obligations as set forth herein. In addition, Landlord shall be responsible for causing Landlord’s Work to comply with applicable law as of the Delivery Date; provided, however, Tenant shall be responsible for causing (1) Tenant’s Work to comply with all applicable laws, including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of Americans with Disabilities Act (the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c“ADA”) and 14(g). Tenant shall(2) the Demised Premises to comply with all applicable laws, in all eventsincluding the ADA, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible from and after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerDelivery Date.

Maintenance and Repair. (a) Except for any Alterations Tenant acknowledges inspecting the Premises and agrees that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) they are in the same (or better) satisfactory condition and order of repair as exists as of the Commencement Dategood working order, except for ordinary wear as noted by Tenant on the “Inspection Sheet” attached hereto and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)incorporated herein. Tenant shall, in at Tenant's own expense and at all eventstimes, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after maintain the date Tenant becomes aware that such repairs are necessaryPremises, orincluding the yard areas, in good and attractive condition, working order and repair, including all equipment, appliances, fixtures, and furnishings, and shall surrender the event Premises at termination of a Restoration pursuant this Lease in as good condition as received, normal wear and tear excepted. Tenant shall notify Landlord of any dilapidations or other defective conditions on the Premises that require repairs. Tenant shall be responsible for damages caused by Tenant's negligence and/or that of Tenant's invitees, and guests. Tenant shall not commit or allow any person to Paragraph 13(c) commit any act resulting in the destruction, defacement, damage, impairment, or 14(g), within sixty (60) days removal of any part of the date insurance proceeds or a condemnation award Premises, including any wall, ceiling, and floor coverings, and the fixtures of the Premises. 01/21/14 8. Alterations. Tenant shall make no alterations to the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord=s sole and absolute discretion. Any alteration made to the Premises by Tenant after that consent has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)given, and all repairs any fixtures installed as a part of that work, will, at Landlord's option, become the Landlord's property on the expiration or earlier termination of this Lease; provided, however, that Landlord shall be made in a good, proper and workmanlike mannerhave the right to require Tenant to remove any fixtures at Tenant's cost on expiration or earlier termination of this lease.

Maintenance and Repair. Landlord shall make such improvements, repairs or replacements as may be necessary for normal maintenance of the Building Systems serving the Premises, the exterior and the structural portions of the Building and the Common Areas. Subject to the terms of Section 7, the maintenance and repairs to be performed by Landlord hereunder shall be at Landlord’s expense, unless the need for such maintenance or repairs was caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, in which event Tenant shall reimburse Landlord for the cost of such maintenance or repairs, plus a construction oversight fee for Landlord in an amount equal to ten percent (a10%) of the cost and expense of such maintenance or repairs; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Except for any Alterations to the extent that Tenant Landlord is permitted obligated to make restore and repair the Premises pursuant to Section 23, Tenant, at its sole cost, shall maintain and repair the Premises and otherwise keep the Premises in good order and repair. Any repair or maintenance by Tenant shall be undertaken in accordance with the provisions and requirements of Section 16. Landlord is not responsible for replacing and/or repairing Tenant’s fixtures or any Above Standard improvements, or fixtures unless to the extent such items are damaged due to the willful misconduct or negligence of the Landlord. Except as expressly provided in this Lease, Tenant shall at all times putaccept the Premises including any existing appliances and Above Standard fixtures in their “AS IS, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) WHERE IS” condition and order of repair as exists as of the Commencement Effective Date. For purposes of this Lease, except for ordinary wear all Above Standard improvements and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises fixtures existing in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Premises as of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Effective Date shall be deemed to preclude Tenant from being entitled be Tenant’s property until the expiration or earlier termination of this Lease or Tenant’s right to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days possession of the date insurance proceeds or a condemnation award has been paid to Premises under this Lease, at which time such Above Standard improvements and fixtures shall become the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety property of the Leased Premises pending such payment) Landlord and shall diligently pursue such repairs be surrendered to completion), and all repairs shall be made in a good, proper and workmanlike mannerLandlord with the Premises.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and will maintain the Leased Premises in good condition and repair (including any necessary replacements), including, without limitation, interior and exterior doors, plate glass, windows, all plumbing and sewage facilities serving only the roofPremises, landscapingelectrical systems, all fixtures, hot water heaters, heating, ventilating and air conditioning serving the Premises (whether or not located in the Premises), sprinkler systems, non-structural walls, footingsfloors and ceilings, foundations meters serving the Premises, and structural components further excepting any damage caused by the intentional or negligent act or omission of Landlord as to which Landlord will be responsible for the cost of any repair. Tenant will receive the benefits of any warranties that apply. Tenant will comply with all laws, ordinances, rules and regulations applicable to the Premises and Tenant’s business in the Premises. Landlord is not responsible for damage to any property of Tenant or others located in the Premises, however caused. Landlord at its costs will maintain in good condition and repair the windows of the Leased Premises) , all common areas of the Building, the foundation, exterior walls and other load-bearing walls and roof of the Building and the structural portions of the Premises, excepting those items to be maintained by Tenant, and further excepting any damage caused by the intentional act or negligence of Tenant as to which Tenant will be responsible for the cost of any repair. Tenant will not permit any mechanic’s or similar lien to attach to the Premises as a result of any action or inaction of Tenant. Tenant shall deliver up and surrender to Landlord possession of the Premises upon the expiration or earlier termination of the Term, broom clean, free of debris, in the same (or better) good order, condition and order state of repair (except as exists as of the Commencement Datemay be Landlord’s obligation under this Lease, except for and ordinary wear and tear), and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, deliver the keys to Landlord at the address to which may be required notices to Landlord are to be made upon or in connection with sent. If not earlier terminated as herein provided, this Lease shall terminate at the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring end of the Leased Premises or term without the necessity of foundations and walls of notice from Landlord to terminate the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersame.

Maintenance and Repair. Tenant shall, throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the demised premises or any other part of the building and the systems and equipment thereof, whether requiring structural or nonstructural repairs to the extent caused by or resulting from negligence or intentional acts of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (ato the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. Except as expressly set forth in this Lease there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any Alterations portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant is permitted shall not be entitled to make pursuant any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease, . Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall at all times put, keep not apply in the case of fire or other casualty which are dealt with in Article 9 hereof. Owner shall maintain and maintain repair the Leased Premises (including, without limitationmain lobby area, the roof, landscapingfoundations, walls, footings, foundations exterior walls and structural components glass of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)building. Tenant shall do or cause others give notice to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason Owner of any Legal Requirements defect or Insurance Requirements, be required to take such action need for repair and Owner shall repair or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in cure the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of same within a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerreasonable time.

Maintenance and Repair. (a) Except for any Alterations Tenant will be responsible to provide that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingshall have adequate electrical, without limitationplumbing, heating, ventilation and air conditioning systems and related fixtures of such systems as herein provided, which shall be in good order and condition. Tenant will be responsible for the roofrepairs required to the electrical, landscapingplumbing, wallsheating, footingsventilation, foundations air conditioning systems and structural components related fixtures of such systems, and for all necessary maintenance, repairs, alterations and replacements to such systems and related fixtures, irrespective of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a)cost thereof. Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations will also be responsible for cleaning and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of maintaining the Leased Premises, whether or not Landlord shall, by reason including the redecorating of any Legal Requirements interior surfaces and the installation of any replacement floor coverings which Tenant desires. The structural repairs for which Tenant is responsible include repairs to the roof of the Building, the slab floor foundation, and utility systems. Tenant is responsible for the exterior of the building. If maintenance or Insurance Requirementsrepairs are required to be done or made by Tenant pursuant to the terms hereof, Landlord may demand that Tenant do or make the same forthwith, and, if Tenant refuses or neglects or commence such repairs and complete the same with reasonable dispatch after such demand, Landlord may (but shall not be required to take such action or be liable for failure to do so) make or cause such repairs to be made and shall not be responsible to Tenant for any loss or damage that may accrue to Tenant's property or business by reason thereof. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRIf Landlord makes or causes such repairs to be made, WHETHER FORESEEN OR UNFORESEENTenant agrees that Tenant will forthwith on demand pay to Landlord the cost thereof as Additional Rent. In the event that any capital repairs or replacements to the roof, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYslab, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDstructure or major base building systems performed by Tenant hereunder (except for Tenant's initial improvements, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTas described in Exhibit D, and except for any capital items unique to Tenant's research and manufacturing activities, which shall be Tenant's sole responsibility) have a useful life (determined in accordance with generally accepted accounting principles on a straight-line basis) which would extend beyond the Term hereof, Tenant shall be obligated to perform such work only upon the payment by Landlord to Tenant of the cost of that portion of the work so allocated to the period beyond the expiration of the Term hereof. Nothing in For the preceding purposes of the foregoing sentence only, the Term shall be deemed to preclude Tenant from being entitled include the initial ten-year term and the three (3) five-year option periods thereafter, whether or not exercised by Tenant. If Landlord fails to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly such payment within thirty (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (6030) days of the date insurance proceeds written request therefor, Tenant may undertake such repair or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect replacement and preserve the integrity and safety deduct Landlord's share of the Leased Premises pending such payment) and cost thereof from the payment of Annual Fixed Rent hereunder. Landlord shall diligently pursue such repairs have the right to completion)approve any repair or replacement as to which Landlord is obligated to contribute hereunder, and all repairs which approval shall not be made in a good, proper and workmanlike mannerunreasonably withheld or delayed.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted hereby acknowledges that, to make pursuant to this comply with its obligations under Sections 5.4 and 5.6 of the Lease, Tenant must cause certain repairs to be made to the Leased Premises. Without limiting the rights and remedies of Landlord in the event of Tenant's failure to make such repairs, Landlord shall at all times put, keep notify Tenant of the date and maintain time reasonably designated by Landlord during which Landlord shall inspect the Leased Premises (including, without limitation, as it exists on the roof, landscaping, walls, footings, foundations and structural components Effective Date to identify all items of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except damage and/or improper maintenance for ordinary wear and tear, and which Tenant is responsible. Tenant shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required permit Landlord to be made upon or in connection with inspect the Leased Premises for such purposes, and upon completion of such inspection, Landlord shall provide Tenant with a list of all items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall be authorized to make all listed repairs and/or replacements at Tenant's expense, using a reputable contractor selected by Landlord. As such items are repaired and/or replaced, and/or upon completion of such repairs and/or replacements, Landlord shall deliver to Tenant one or more invoices for the cost of such work, which cost shall be deemed to be Additional Rent under the Lease, and Tenant shall pay each and every invoice in order full within fifteen (15) days of receipt. Landlord and Tenant shall also follow the foregoing procedure as to keep and maintain the Leased Premises Section 2.6 in the order Building in the event of Landlord's exercise of the termination option as provided in paragraph 3 above. Landlord shall notify Tenant of the date and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring time of a further joint inspection of the Leased Premises or of foundations and walls approximately ninety (90) days prior to the end of the Improvements Extended Base Term. Tenant shall permit Landlord to inspect the Leased Premises for such purposes, and every other act necessary or appropriate for preservation upon completion of such inspection, Landlord shall provide Tenant with a list of all additional items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall obtain and safety thereof, deliver to Tenant an estimate from a reputable contractor selected by reason of or in connection with any excavation or other building operation upon any Landlord of the Leased Premisescost of the repairs and/or replacements necessary to address such items or otherwise arrange to accomplish such repairs and/or replacements in a manner satisfactory to Landlord and at Tenant's sole cost and expense. Within fifteen (15) days after receipt of such estimate or the completion of such arrangements, whether or not Landlord shallTenant shall deposit with Broad and Cassel, by reason as escrowee, one hundrxx xxxnty percent (120%) of any Legal Requirements or Insurance Requirementsthe amount of such estimate and/or arrangements, and the escrowee shall be required entitled to take disburse to Landlord, upon receipt of invoices for items of such action or work, with the balance, if any, of the escrowed funds to be liable for failure returned to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTTenant upon completion of such work. Nothing in the preceding sentence this paragraph 7 shall be deemed to preclude relieve Tenant from being entitled of any of its duties and obligations under the Lease, including without limitation those set forth in Sections 5.4 and 5.6, and nothing in this paragraph 7 shall be deemed to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, limit Landlord's remedies in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of Tenant's default under the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLease.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep maintain each Related Premises and maintain the Leased Premises (including, without limitation, Adjoining Property in as good repair as each is in on the roof, landscaping, walls, footings, foundations date hereof and structural components fit to be used for their intended use in accordance with the better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or observed by Tenant with respect to the other real properties owned or operated by it, and, in the same (or better) condition and order of repair as exists as case of the Commencement DateEquipment, in as good mechanical condition as it was on the later of the date hereof or the date of its installation, except for ordinary wear and tear, and . Tenant shall promptly make all repairs and replacements Alterations of every kind and nature, whether foreseen or unforeseen, which may be required to comply with the foregoing requirements of this Paragraph 12(a). Landlord shall not be required to make any Alteration, whether foreseen or unforeseen, or to maintain any Related Premises or Adjoining Property in any way, and Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of Landlord or to require Landlord to make Alterations. Any Alteration made by Tenant pursuant to this Paragraph 12 shall be made upon or in connection conformity with the provisions of Paragraph 13. Notwithstanding anything to the contrary in this Paragraph 12(a), Tenant shall have until June 30, 2007 to take such actions as may be required to cause the Leased Premises in order to keep and maintain comply with the Leased Premises in the order and condition required by provisions of this Paragraph 11(a12(a). , provided, however, that (i) any work that will be completed as a part of the Tenant Improvements will not be required to be completed until July 31, 2008 provided that on or before December 31, 2006 Tenant notifies Landlord in writing that such work will be completed as a part of the Tenant Improvements, and (ii) Tenant agrees to use reasonable efforts to in good faith timely address any requirements imposed by any governmental authority, applicable Law or any third party making a claim against Landlord or the applicable Related Premises even if such time period is shorter than the time periods otherwise required under this sentence (unless such claim is being contested in accordance with Paragraph 15(a) hereof), but Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be expressly required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid prior to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannertime periods otherwise set forth above.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists repair, as of the Commencement Dateinception of the Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of the foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS OR MAINTENANCE AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation Condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Tenant shall keep the Building free of Mold.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted 9. 1 Sublessor's Maintenance and Repair Obligations. Sublessor shall, subject to make pursuant reimbursement by Sublessee's Share of Operating Expenses in excess of the Operating Expense Base, and subject to this LeaseSection 9.2, Tenant shall at all times putArticle XII and Article XIII, keep maintain in good condition and maintain repair the Leased Premises roof (including, without limitation, as needed, any replacement thereof), exterior walls, and foundation of the Building, provide normal maintenance services for the HVAC serving the Building through maintenance contracts or otherwise, and paint the exterior of the Building and clean the exterior windows of the Building as and when such painting or window cleaning, as the case may be, become necessary at Sublessor's reasonable discretion. Sublessor shall also provide maintenance and repair services to the building standard plumbing, electrical, natural gas, telephone and mechanical systems serving the Premises (but not including any service dedicated for Sublessee's exclusive use installed by or on behalf of Sublessee). Except in the case of any emergency of which Sublessor is aware, Sublessor shall not be required to make any repairs to the roof, landscaping, exterior walls, footingsexterior entrances, foundations foundation or to any systems within the Premises unless and structural components until Sublessee has given Notice to Sublessor of the Leased Premises) in the same (or better) condition need for such repair and order Sublessor shall have a reasonable period of repair as exists as of the Commencement Datetime thereafter to commence and complete said repair; provided, except for ordinary wear and tearhowever, and Sublessor shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may not be required to make any repairs stated in Sublessee's Notice except to the extent required of Sublessor under this Sublease. Subject to Section 7.3(b), the cost of any maintenance and repairs on the part of Sublessor provided for in this Section 9.1 shall be considered part of Building Costs, except that repairs which arise out of any negligence or willful misconduct of Sublessee or Sublessee's Agents shall be made upon or in connection with at the Leased Premises in order expense of Sublessee. Sublessor's obligation to keep so repair and maintain the Leased Premises shall be limited to the cost of effecting such repair and maintenance and in the order and condition required by this Paragraph 11(a). Tenant no event shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or Sublessor be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRany expenses in excess of said amounts, WHETHER FORESEEN OR UNFORESEENincluding but not limited to, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYany consequential damages, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds opportunity costs or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) lost profits incurred or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersuffered by Sublessee.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leaseacknowledges that, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Substantial Completion Date, (but without limitation upon Landlord’s obligations under Exhibit A to achieve Final Completion) it will have received the Premises in good order and repair. During the Lease Term, Tenant, at its own expense, will maintain all parts of the Premises in good repair and condition, except for ordinary wear and teartear (but subject to Landlord’s obligation to achieve Final Completion), and shall promptly will take all action and will make all structural and non-structural, foreseen and unforeseen and ordinary and extraordinary changes and repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to keep all parts of the Premises in good repair and condition with a reasonable useful life for the Permitted Use, including but not limited to, all necessary structural replacements; provided, however, that Tenant shall not be required to replace the roof upon the expiration of the Lease Term unless the roof is reasonably determined not to be in good working order or to have a useful life of less than five (5) years, except to the extent replacement becomes necessary as a result of damage caused by Tenant or any Tenant Party. Such determination shall be made upon by a reputable roofing consultant reasonably acceptable to Landlord and Tenant in the final eighteen (18) months of the Term. Without limitation of the foregoing, during the Lease Term, Tenant shall, at Tenant’s sole cost, be solely liable for, and shall provide for, the maintenance, repair, and replacement, as necessary, of all plumbing, heating, refrigeration, air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, interior and exterior walls, the floor, the roof, the inside of exterior walls, ceilings, decking, floors, windows, doors, plate glass and skylights located within the Premises, and signs. Tenant shall, at Tenant’s sole cost and expense, enter into and keep in effect at all times during the Lease Term maintenance and service contracts with respect to HVAC and refrigeration systems at the Premises. During the Lease Term, Tenant shall perform all required landscaping and replacement, repairs and maintenance of the exterior parking areas, sidewalks and truck courts at the Premises and shall repair, at its expense, any damage to the Premises arising out of Tenant’s use or occupancy thereof, including damage caused by bringing into the Premises any property, all regardless of fault, or by whom such damage shall be caused. All repairs, replacements and reconstruction made by or on behalf of Tenant shall be made and performed: (a) at Tenant’s cost and expense (b) by contractors or mechanics that are appropriately Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential. licensed (if necessary), (c) at least equal in quality of materials and workmanship to the original work or installation and in accordance with the requirements of applicable Warranties (as defined in Exhibit B attached hereto), and (d) in accordance with all Declarations and all applicable laws and regulations of governmental authorities having jurisdiction over the Premises. Landlord shall not be required to maintain, repair, replace or rebuild all or any part of the Premises, other than in connection with the Leased Premises in order to keep Substantial Completion and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring Final Completion of the Leased Premises or of foundations and walls of the Building Improvements and every other act necessary or appropriate for preservation and safety thereof, contemplated by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.Exhibit A.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to shall promptly throughout the term of this Lease, Tenant shall at all times putTenant's cost and expense, keep take good care of and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations foundations, HVAC, mechanical and electrical systems in or serving the Premises, structural and nonstructural components and systems of the Leased Premises) Premises and all pathways, sidewalks, vaults, utility connections and curbs, if any, on, adjacent and appurtenant thereto, in good working order and repair, and keep and maintain the Premises in character and condition in accordance with the standards applicable to a comparable first-class commercial building located in the same neighborhood in which the Improvements are located (the "FIRST CLASS STANDARD"). Tenant shall promptly remove all accumulated snow, ice and debris from any and all pathways, sidewalks and curbs located upon or better) condition appurtenant to the Premises and order of repair as exists as of from any and all other sidewalks and curbs adjacent to the Commencement Date, except for ordinary wear and tear, and Premises. Tenant shall promptly make all repairs and replacements of every kind replacements, including, without limitation, any capital improvements, at its sole cost and natureexpense (except with respect to Cap Ex Improvements, which Cap Ex Improvements shall be performed by Landlord and paid for in accordance with SECTION 31(b) hereof), and in accordance with the First Class Standard, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, ordinary or extraordinary, which may be required to be made upon or in connection with any portion of the Leased Premises in order to keep and maintain the Leased Premises in such condition as is required to comply with Laws and to keep the order building systems in working order, and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shallnecessitated by wear and tear, by reason of any Legal Requirements obsolescence or Insurance Requirementsdefects, be required to take such action latent or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerotherwise.

Maintenance and Repair. The Ground Lessee, at its own expense, will cause (a) Except for the Facility Site to be maintained in all material respects in compliance with all Requirements of Law, including without limitation, all applicable Environmental Laws, unless such noncompliance could not reasonably be expected to result in a Material Adverse Effect or involve any Alterations that Tenant is permitted to make pursuant to this Lease(1) material risk of foreclosure, Tenant shall at all times putsale, keep and maintain forfeiture or loss of, or imposition of a Lien on, the Facility Land or the Leased Premises Morgantown Improvements or the impairment of the use, operation or maintenance of the Facility Land or the Leased Morgantown Improvements in any material respect, (2) risk of criminal liability being incurred by the Ground Lessor or (so long as the Lien for the benefit of a Leasehold Mortgagee (including the Lease Indenture) has not been discharged) a Leasehold Mortgagee (including the Lease Indenture Trustee) or (3) material risk of any material adverse effect on the interests of the Ground Lessor or (so long as the Lien for the benefit of a Leasehold Mortgagee (including the Lease Indenture) has not been discharged) a Leasehold Mortgagee (including the Lease Indenture Trustee) or any of their respective Affiliates (including, without limitation, subjecting any such Person to regulation as a public utility under any Requirement of Law) and (b) the roofLeased Morgantown Improvements to be maintained in as good condition, landscaping, walls, footings, foundations repair and structural components working order as when delivered to the Ground Lessee at the end of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement DateSite Sublease Term, except for ordinary wear and teartear excepted, and shall promptly make in any event, in all repairs material respects (i) in accordance with Prudent Industry Practice, (ii) in compliance with all easements now existing or hereafter entered into in accordance with this Facility Site Lease with respect to the Leased Morgantown Improvements, and replacements (iii) in accordance with the terms of every kind and nature, whether foreseen or unforeseen, which may be all insurance policies required to be made upon or in connection with maintained pursuant to this Facility Site Lease, provided, further, however, that at all times during the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring term of the Leased Premises or of foundations Facility Site Sublease, the Ground Lessor, pursuant to the Facility Site Sublease, shall be obligated to perform, and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Ground Lessee shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallhave performed, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerobligations under this Section 8.

Maintenance and Repair. The Ground Lessee, at its own expense, will cause (a) Except for the Facility Site to be maintained in all material respects in compliance with all Requirements of Law, including without limitation, all applicable Environmental Laws, unless such noncompliance could not reasonably be expected to result in a Material Adverse Effect or involve any Alterations that Tenant is permitted to make pursuant to this Lease(1) material risk of foreclosure, Tenant shall at all times putsale, keep and maintain forfeiture or loss of, or imposition of a Lien on, the Facility Land or the Leased Premises Xxxxxxxxx Improvements or the impairment of the use, operation or maintenance of the Facility Land or the Leased Xxxxxxxxx Improvements in any material respect, (2) risk of criminal liability being incurred by the Ground Lessor or (so long as the Lien for the benefit of a Leasehold Mortgagee (including the Lease Indenture) has not been discharged) a Leasehold Mortgagee (including the Lease Indenture Trustee) or (3) material risk of any material adverse effect on the interests of the Ground Lessor or (so long as the Lien for the benefit of a Leasehold Mortgagee (including the Lease Indenture) has not been discharged) a Leasehold Mortgagee (including the Lease Indenture Trustee) or any of their respective Affiliates (including, without limitation, subjecting any such Person to regulation as a public utility under any Requirement of Law) and (b) the roofLeased Xxxxxxxxx Improvements to be maintained in as good condition, landscaping, walls, footings, foundations repair and structural components working order as when delivered to the Ground Lessee at the end of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement DateSite Sublease Term, except for ordinary wear and teartear excepted, and shall promptly make in any event, in all repairs material respects (i) in accordance with Prudent Industry Practice, (ii) in compliance with all easements now existing or hereafter entered into in accordance with this Facility Site Lease with respect to the Leased Xxxxxxxxx Improvements, and replacements (iii) in accordance with the terms of every kind and nature, whether foreseen or unforeseen, which may be all insurance policies required to be made upon or in connection with maintained pursuant to this Facility Site Lease, provided, further, however, that at all times during the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring term of the Leased Premises or of foundations Facility Site Sublease, the Ground Lessor, pursuant to the Facility Site Sublease, shall be obligated to perform, and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Ground Lessee shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shallhave performed, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerobligations under this Section 8.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Leasehereunder, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (Premises, including, without limitation, the roof, landscaping, wallswalls (interior and exterior), footings, foundations foundations, parking lot improvements and structural components of the Leased Premises) Premises in the same (or better) condition good repair and order of repair as exists as of the Commencement Date, except for ordinary wear and tearappearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep and maintain the Leased Premises in as good repair and appearance as they were as of the order and condition required by this Paragraph 11(a)Commencement Date. Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Leased Premises in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTwhich right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)the terms of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for Tenant shall, during the term of this Lease and any Alterations extension or renewals thereof, (i) maintain the Land and all buildings and improvements thereon (interior and exterior, structural and otherwise) in good order and repair, subject to normal wear and tear (and subject to provisions hereof relating to condemnation and casualty) and perform all its obligations to maintain Appurtenant Interests as are imposed on Landlord or Tenant by the instruments granting such Appurtenant Interests; (ii) not commit waste or permit impairment or deterioration of the Premises (normal wear and tear excepted and subject to the provisions hereof relating to casualty and condemnation); (iii) keep the Tenant's Property, including trade fixtures, equipment, machinery and appliances thereon so that Tenant is permitted such items function as originally intended and shall replace such items of Tenant's Property when necessary in accordance with Tenant's normal operations to make pursuant keep such items so that such items function as originally intended; (iv) comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to this Leasethe Premises (provided, however, Tenant shall at all times puthave the right to contest the same); (v) provide prompt notification to Landlord of any material adverse changes to the Premises, keep and maintain such as material changes in any environmental condition, including the Leased Premises (includingpresence of biocontaminants, such as, but without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearlimitation mold, and shall promptly make all repairs undertake reasonable remediation (and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or preventative) actions in connection with any excavation or other building operation upon any such environmental condition on the Land and the improvements thereon (to the extent required by applicable environmental law); and (vi) subject to the provisions of Paragraph 4(a) with respect to damage within the last twenty-four (24) months of the Leased PremisesLease resulting from a casualty, whether and Paragraph 6 herein, return the Premises and all buildings and improvements thereon at the expiration of the term of this Lease or not Landlord shallany extension or renewal thereof in as reasonably as good condition as when received, by reason of any Legal Requirements or Insurance Requirements, be required subject to take such action or be liable for failure normal wear and tear (and subject to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed provisions hereof relating to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(cand casualty) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after surrender the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) Appurtenant Interests and shall diligently pursue have performed all of its obligations, if any, with respect to maintaining such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerAppurtenant Interests.

Maintenance and Repair. (ae) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations Tenant acknowledges that it has received the Premises in good condition, repair and appearance. Tenant is permitted to make pursuant to this Leaseagrees that, Tenant shall at all times putits expense, it will keep and maintain the Leased Premises (includingPremises, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto, footings, foundations and structural components of the Leased Premises) in the same (or better) good condition and order of repair as exists as of the Commencement Daterepair. It will make promptly, except for all structural and nonstructural, foreseen and unforeseen, ordinary wear and tear, extraordinary changes and shall promptly make all repairs and or replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in such good 8 49 condition, repair and appearance and it will keep the order Premises orderly and condition required by this Paragraph 11(a)free and clear of rubbish. Tenant shall do covenants not to install any underground storage tanks on the Premises. Tenant agrees that its obligation to maintain and repair the Premises as set forth in this Section 5.1 benefit both Landlord and Tenant, are the sole responsibility of Tenant, and may not be delegated. Tenant further covenants to perform or cause others to do observe all shoring of the Leased Premises terms, covenants or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason conditions of any Legal Requirements reciprocal easement or Insurance Requirements, maintenance agreement to which it may at any time be required a party or to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in which the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Premises are currently subject. Tenant shall, in all eventsat its expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefiting the Premises by any other person subject to such agreement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any Alterations of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be provided for in any law in effect at the time of the commencement of the term of this Lease or which may thereafter be enacted. In the event that the Premises shall commence actions violate any law and as a result of such violation an enforcement action is threatened or commenced against Tenant or with respect to initiate the Premises, then Tenant shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such repairs violation, whether the same shall affect Landlord, Tenant or both, or (ii) take such action as quickly as possible after the date Tenant becomes aware that shall be necessary to remove such repairs are violation, including, if necessary, ormaking any necessary repairs or replacements, in the event of a Restoration pursuant to Paragraph 13(c) structural or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerotherwise.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted Lessee shall, subject to make pursuant to this LeaseLessor's obligations hereinafter provided, Tenant shall at all times putduring the term hereof, keep and at Lessee's sole cost and expense, keep, maintain and repair the Leased Premises building and other improvements upon the demised premises in good and sanitary order and condition (including, except as hereinafter provided) including without limitation, the roofmaintenance and repair of any store front, landscapingdoors, wallswindows, footingswindow casements, foundations and structural glazing, interior components of all plumbing, pipes, electrical wiring and conduits. Lessee agrees on the Leased Premises) last day of said term or sooner termination of this lease to surrender the demised premises with appurtenances, in the same (condition as when received, reasonable use and wear thereof and damage by fire, act of God or better) by the elements excepted. Lessor shall, at his sole cost and expense, maintain in good condition and order repair the exterior walls, exterior components of repair as exists as of the Commencement Dateall heating, except for ordinary wear plumbing, pipes, electrical wire and tearconduits, and roof, provided, however, any repairs to the roof necessitated as a result of penetrations in the completed roof caused by Lessee shall promptly make be made by Lessee at Lessee’s expense. Lessor shall further, at his sole costs and expense maintain in good condition and repair the parking, parking lots and parking facilities and all repairs fences in, on and replacements about the demised premises. Such maintenance and repair shall include but not be limited to, black topping, slurry sealing, resurfacing, painting, lining, marking, and signing the parking spaces, direction of every kind traffic flow and nature, whether foreseen or unforeseen, which may driveways of entrance and exit. Lessor shall not be required to be made upon or make any repairs to the exterior walls, aforesaid components and roof unless and until Lessee has notified Lessor in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring writing of the Leased Premises or need for such repairs and Lessor shall have a reasonable period of foundations time thereafter to commence and walls complete said repairs. Notwithstanding any other provision of this lease, the Lessor shall be solely responsible for the damage to the exterior of the Improvements and every other act necessary or appropriate for preservation and safety thereofleased premises which is the result of vandalism, by reason of or in connection with any excavation burglary or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannersimilar criminal activities.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components As part of the Leased Premises) in consideration for the same (or better) condition leasing thereof, Lessee agrees to assume full responsibility for the operation, maintenance, including painting, and order of repair as exists as of the Commencement Datepremises, except for ordinary wear throughout the term and tearwithout expense to the Lessor. Lessee will perform all maintenance, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect maintain and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made premises in a good, proper safe, healthy and workmanlike mannersanitary condition satisfactory to Lessor and in compliance with all applicable laws. Lessee further agrees to provide approved containers for trash and garbage and to keep premises free and clear of rubbish and litter, or any other fire hazards. Lessee waives all right to make repairs at the expense of Lessor as provided in Section 1942 of the California Civil Code and all rights provided by Section 1941 of said Code. For the purpose of keeping the premises in a good, safe, healthy and sanitary condition, Lessor shall always have the right but not the duty, to enter, view, inspect, determine the condition of and protect its interests in, the premises. If inspection discloses that the premises are not in the condition described, Lessee must perform the necessary maintenance work within ten (10) days after written notice from Lessor. Further, if at any time Lessor determines that the premises are not in the condition described, Lessor may require Lessee to file and pay for a faithful performance bond, to assure prompt correction without additional notice. The amount of this bond shall be adequate, in Lessor's opinion, to correct the unsatisfactory condition. Notwithstanding, Lessor shall not be required at any time to maintain or to make any improvements or repairs whatsoever on or for the benefit of the leased premises. The rights reserved in this section shall not create any obligations or increase any obligations for Lessor elsewhere in this Lease.

Maintenance and Repair. The Tenant shall, throughout the term of this lease, at its own cost and expense, maintain the interior of the Premises and all exterior Tenant-supplied equipment (aincluding all windows and doors, all interior equipment and plumbing, electrical and HVAC systems supplied and used exclusively by Tenant, and such other fixtures as are used in connection with the occupancy of the Premises, including any and all replacements made by the Tenant) Except for any Alterations (except such as are the Landlord's obligation to maintain hereunder) in such condition, repair and order, as the same now are or hereafter may be put, reasonable wear and tear, repairs that Tenant is permitted are the obligation of Landlord to make pursuant to this Lease, Tenant hereunder excepted. Landlord shall at all times put, keep repair and maintain the Leased Premises (includingProperty, without limitation, including the roof, landscapingfoundation, load- bearing walls, footingsfire panel and alarm, foundations sprinkler system, utility lines and systems that do not exclusively serve the Premises (including specifically the HVAC system that serves the entire Building) and other structural components of the Leased Premises) Building in good condition. Landlord shall have the same (or better) condition and HVAC system which is its responsibility to maintain in normal working order of repair as exists as of the Commencement Datedate of issuance of a certificate of occupancy for the Premises. Landlord, except for ordinary wear at its own cost and tearexpense, and without reimbursement from Tenant, shall promptly make be responsible for all capital repairs and replacements of every kind and natureat the Premises except as due to the negligence, whether foreseen willful misconduct, or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring gross negligence of the Leased Premises Tenant, or its employees, agents, or contractors, or caused by a breach by Tenant of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do soits obligations under this Lease. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant an emergency requiring Tenant to Paragraph 13(c) take preventative action, if Xxxxxx is unable to contact Landlord using commercially reasonable attempts, or 14(g)if Landlord is not reasonably able to respond accordingly, within sixty (60) days Tenant is authorized to take reasonable remedial action and Landlord will promptly reimburse Tenant for any reasonable costs associated with such remedial action upon presentation of reasonable documentation in substantiation of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manneremergency costs.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to acknowledges that, with full awareness of its obligations under this Lease, Tenant has accepted the condition, state of repair and appearance of the Premises. Tenant agrees that, at its expense, it shall at all times put, keep and maintain the Leased Premises (includingPremises, without limitationincluding any altered, the roofrebuilt, landscapingadditional or substituted buildings, wallsstructures and other improvements thereto or thereon, footings, foundations in good repair and structural components of the Leased Premises) appearance and in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearsafe condition, and shall promptly make all repairs and replacements necessary therefor. Tenant shall also make promptly, all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, whether foreseen correct any patent or unforeseen, latent defects in the Premises or which may be required to be made upon or in connection with the Leased Premises in order to put, keep and maintain the Leased Premises in good, safe condition, repair and appearance and it will keep the order Premises orderly and condition required by this Paragraph 11(a)free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants or conditions of any easement, restriction, covenant, declaration or maintenance agreement (collectively, "EASEMENTS") to which it may at any time be a party or to which the Premises are currently (or with Tenant's consent, which shall do not be unreasonably withheld or cause others delayed, to do all shoring of which the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premisesmay hereafter become) subject, whether or not such performance is required of Landlord shallunder such Easements, by reason including without limitation, payment of any Legal Requirements all amounts due from Landlord or Insurance RequirementsTenant (whether as assessments, be required to take service fees or other charges) under such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)Easements. Tenant shall, in all eventsat its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easement. Landlord shall not be required to maintain, repair or rebuild, or to make all repairs for which it is responsible hereunder promptly (but any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any event shall commence actions way or to initiate such correct any patent or latent defect therein. Tenant hereby expressly waives any right to make repairs as quickly as possible after at the date Tenant becomes aware that such repairs are necessary, or, expense of Landlord which may be provided for in any law in effect at the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days time of the date insurance proceeds commencement of the Term or a condemnation award has been paid to the Trustee (it being understood that which may thereafter be enacted. If Tenant shall take such steps as are reasonably necessary to protect abandon the Premises, it shall give Landlord and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerany Mortgagee immediate notice thereof.

Maintenance and Repair. (a) (i) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and foundations, structural components of and other Improvements on the Leased Premises) and, subject to Paragraph 11(a)(iii) below, the Equipment in the same (or better) condition and order of repair as exists as of the Commencement DateDate of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRExcept as specifically set forth in this Lease, WHETHER FORESEEN OR UNFORESEENLandlord shall not be required to make any repair, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYwhether foreseen or unforeseen, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDor to maintain the Leased Premises or Adjoining Property in any way, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds any Law now or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)hereafter in effect. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) a. Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times times, including any Requisition period, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists repair, as of the Commencement Dateinception of the Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of the foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES OR ADJOINING PROPERTY IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS OR MAINTENANCE AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation Condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner. Tenant shall keep the Building free of Mold.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted hereby acknowledges that, to make pursuant to this comply with its obligations under Sections 5.4 and 5.6 of the Lease, Tenant shall at all times put, keep and maintain must cause certain repairs to be made to the Leased Premises (including, without limitation, the roofRelinquished Space). Without limiting the rights and remedies of Landlord in the event of Tenant's failure to make such repairs, landscaping, walls, footings, foundations and structural components Landlord shall notify Tenant of the Leased Premises) in the same (or better) condition date and order of repair as exists as of the Commencement Date, except for ordinary wear and tear, and time reasonably designated by Landlord during which Landlord shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with inspect the Leased Premises in order as it exists on the Effective Date (including, without limitation, the Relinquished Space) to keep and maintain identify all items of damage and/or improper maintenance for which Tenant is responsible. Tenant shall permit Landlord to inspect the Leased Premises for such purposes, and upon completion of such inspection, Landlord shall provide Tenant with a list of all items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall be authorized to make all listed repairs and/or replacements at Tenant's expense, using a reputable contractor selected by Landlord. As such items are repaired and/or replaced, and/or upon completion of such repairs and/or replacements, Landlord shall deliver to Tenant one or more invoices for the cost of such work, which cost shall be deemed to be Additional Rent under the Lease, and Tenant shall pay each and every invoice in full within fifteen (15) days of receipt. Landlord and Tenant shall also follow the foregoing procedure as to Section 1.5 in the order Building in the event of Landlord's exercise of the termination option as provided in paragraph 3 above. Landlord shall notify Tenant of the date and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring time of a further joint inspection of the Leased Premises or of foundations and walls (but not the Relinquished Space) approximately ninety (90) days prior to the end of the Improvements Extended Base Term. Tenant shall permit Landlord to inspect the Leased Premises for such purposes, and every other act necessary or appropriate for preservation upon completion of such inspection, Landlord shall provide Tenant with a list of all additional items requiring repair and/or replacement at that time. Upon Landlord's identification of such items, Landlord shall obtain and safety thereof, deliver to Tenant an estimate from a reputable contractor selected by reason of or in connection with any excavation or other building operation upon any Landlord of the Leased Premisescost of the repairs and/or replacements necessary to address such items or otherwise arrange to accomplish such repairs and/or replacements in a manner satisfactory to Landlord and at Tenant's sole cost and expense. Within fifteen (15) days after receipt of such estimate or the completion of such arrangements, whether or not Landlord shallTenant shall deposit with Broad and Cassel, by reason as escrowee, one hunxxxx xwenty percent (120%) of any Legal Requirements or Insurance Requirementsthe amount of such estimate and/or arrangements, and the escrowee shall be required entitled to take disburse to Landlord, upon receipt of invoices for items of such action or work, with the balance, if any, of the escrowed funds to be liable for failure returned to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTTenant upon completion of such work. Nothing in the preceding sentence this paragraph 8 shall be deemed to preclude relieve Tenant from being entitled of any of its duties and obligations under the Lease, including without limitation those set forth in Sections 5.4 and 5.6, and nothing in this paragraph 8 shall be deemed to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, limit Landlord's remedies in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of Tenant's default under the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerLease.

Maintenance and Repair. (a) Except As part of the consideration for any Alterations that Tenant is permitted to make pursuant to this Leaselease, Tenant shall Lessee agrees, at all times puthereunder, and at its own expense, to keep, maintain, paint and repair the leased premises and all improvements thereon, if there be any, owned by Lessee, in as good and substantial condition and state of repair as the same now are, or in such improved condition as the same may hereafter be placed, reasonable wear and tear and damages by causes beyond Lessee's control excepted, except that regardless of the present condition or state of repair, and regardless of the reasonableness or cause of wear, tear, or damages, Lessee at all times hereunder and at its own expense, shall keep and maintain the Leased Premises (includingpremises and all improvements and facilities thereon in as good condition and repair as may be reasonably necessary for the safety of all persons who may lawfully enter thereupon. In the absence of a written agreement to the contrary, without limitationLessor shall not be required at any time to maintain, paint, or make repairs, improvements, alterations, or additions on or to the roofleased premises. Lessor reserves the right, landscapinghowever, wallsat any time to perform such maintenance or make such repairs on or to the premises as shall be by Lessor deemed necessary for the preservation of any portion thereof, footingsor the protection of Lessor's investment therein or future option to purchase, foundations and structural components the further right to remove trees, weeds, and other things which Lessor may deem to be unsightly or undesirable, but such works performed by Lessor shall in no event constitute a waiver of Lessee's obligation hereunder to keep said premises in good repair, and free from rubbish, noxious weeds, and other unsightly matter. Lessee waives the provisions of Civil Code Sec, 1941 and 1942 with respect to Lessor's obligations for tenantability of the Leased Premisespremises and Xxxxxx's right to make repairs and deduct the expenses of such repairs from rent. Should Lessor make or perform any repairs, removals or maintenance, or agree at the request of Lessee to perform maintenance, repairs, alterations, construction, or other works of improvement on the leased premises, Lessor may, at its option, perform such works and either bill Lessee for the entire costs of same, which Lessee agrees to pay on demand, or Lessor may, upon thirty (30) in days' written notice to Lessee, increase the same (lease rental by an amount necessary for Lessor to recover all or better) condition and order of repair as exists as part of the Commencement Datecost of such works, except for ordinary wear and tearas Lessor shall determine, and over the remaining term of this lease, or any lesser portion thereof as Lessor shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdetermine.

Maintenance and Repair. (a) Except for any Alterations that 8.1. Tenant is permitted to make pursuant to shall, throughout the term of this Lease, Tenant shall at all times put, keep take good care of and maintain the Leased Demised Premises (and the fixtures and appurtenances therein at its sole cost and expense. Tenant shall be responsible for and shall, at its sole cost and expense, repair all damage or injury to the Demised Premises or any other part of the Building and the systems and equipment thereof, whether requiring structural or nonstructural repairs, to the extent caused by or resulting from the act, omission, carelessness, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also be responsible for and shall, at its sole cost and expense, repair all damage to the Building and the Demised Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly make, at its sole cost and expense, all repairs in and to the Demised Premises for which Txxxxx is responsible, using only the contractor for the trade or trades in question selected from a list of at least two contractors per trade submitted by Landlord. Landlord shall maintain in good working order and repair the exterior and the structural portions of the Building, including the structural portions of the Demised Premises, and the public portions of the Building’s interior and the cost of replacement for all capital and structural items and the exterior, including Building plumbing, electrical, heating and ventilating, elevator, fire/life safety and mechanical systems serving the Demised Premises. In no event shall Tenant be entitled to any abatement of, reduction in, or diminution to Minimum Rent, Adjusted Minimum Rent or additional rent due and payable under this Lease for any reason whatsoever including, without limitation, Landlord’s failure to perform its obligations under this Article VIII, unless such failure violates city, state or federal applicable health and safety laws. Except as to the roofforegoing violations, landscapingTxxxxx hereby agrees that Txxxxx’s sole remedy at law in such instance will be by way of an action for damages for breach of contract, walls, footings, foundations and structural components including loss of the Leased Premises) use. Tenant hereby agrees to give prompt notice of any defective condition in the same (or better) condition and order of repair as exists as of the Commencement Date, except Demised Premises for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which Landlord may be required responsible hereunder. There shall be no allowance to be made upon or in connection with Tenant for diminution of rental value and no liability on the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring part of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in connection and to the fixtures, appurtenances or equipment thereof; provided, however, that in exercising the foregoing rights Landlord shall use good faith reasonable efforts to minimize interference with any excavation or other building operation upon any Tenant’s use of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) Demised Premises and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerTxxxxx’s parking rights.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this LeaseTenant, Tenant at its sole cost and expense, shall at all times put, maintain and keep and maintain the Leased Premises (with the exception of items to be maintained by Landlord), including, without limitation, all interior glass, interior windows, interior doors, tenant improvements, all Alterations (as defined in Section 3.5.1) to the roofPremises, landscapingand all fixtures, wallsneat and clean and in good order and repair at all times during the Term, footings, foundations reasonable wear and structural components tear excepted. If any portion of the Leased Premises) in Premises or any system or equipment in, or serving, the same (or better) condition and order of Premises which Tenant is obligated to repair as exists as cannot be fully repaired, Tenant, at Tenant’s option, shall replace such portion of the Commencement DatePremises, except system, or equipment (Tenant acknowledging that Landlord shall have no obligation to replace any such portion of the Premises, systems, or equipment). If Tenant is in Default for ordinary wear and tearfailure to perform its obligations under this Section 3.4, and if the continued failure to perform such obligation(s) will materially and adversely affect the Premises or the Property, then Landlord may perform such obligations and Tenant will pay as additional Rent to Landlord the cost of such performance, including an amount sufficient to reimburse Landlord for overhead and supervision, within fifteen (15) days after receipt of Landlord’s written demand therefor. For purposes of performing such obligations, or to inspect the Premises, Landlord may enter the Premises upon reasonable prior notice to Tenant (except in cases of actual or suspected emergency, in which case no prior notice will be required) without liability to Tenant for any loss or damage incurred as a result of such entry (except if directly due to or as a result of the gross negligence or willful misconduct of Landlord, provided, however, Landlord shall promptly make all repairs and replacements of every kind and nature, whether foreseen have no liability for any special or unforeseen, which may be required to be made upon consequential damages suffered either by Tenant or any party claiming through Tenant); Landlord will take reasonable steps in connection with the Leased Premises in order such entry to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do minimize any disruption to Tenant’s business or cause others to do all shoring its use of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. Lessee acknowledges that it has received the Premises in good order and repair. Lessee, at its own expense, will maintain all parts of the Premises in good repair and condition and will take all action and will make all structural and nonstructural, foreseen and unforeseen and ordinary and extraordinary changes and repairs which may be required to keep all parts of the Premises in good repair and condition (a) Except for including, but not limited to, all painting, glass, utilities, conduits, fixtures and equipment, foundation, roof, exterior walls, heating and air conditioning systems, wiring, plumbing, sprinkler systems and other utilities, and all paving, sidewalks, roads, parking areas, curbs and gutters and fences). Lessor shall not be required to maintain, repair or rebuild all or any Alterations that Tenant is permitted part of the Premises. Lessee waives the right to require Lessor to maintain, repair or rebuild all or any part of the Premises or make repairs at the expense of Lessor pursuant to this Leaseany Legal Requirement, Tenant Agreement, contract, covenant, condition or restrictions at any time. Lessee shall at all times put, keep and maintain the Leased Premises (including, without limitation, in as good repair and appearance as they are in on the roof, landscaping, walls, footings, foundations date hereof and structural components fit to be used for their intended use in accordance with the better of the Leased Premises) practices generally recognized as then acceptable by other companies in its industry or observed by Lessee with respect to the other real properties owned or operated by it, and, in the same (or better) condition and order of repair as exists as case of the Commencement DateMachinery and Equipment, in as good mechanical condition as it was on the later of the date hereof or the date of its installation, except for ordinary wear and tear, . Lessee shall take every other action necessary or appropriate for the preservation and safety of the Premises. Lessee shall promptly make all repairs and replacements alterations of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection comply with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by foregoing requirements of this Paragraph 11(a)Section 2.1. Tenant shall do If all or cause others to do all shoring of the Leased Premises or of foundations and walls any part of the Improvements and every other act necessary shall encroach upon any property, street or appropriate for preservation and safety right-of-way adjoining or adjacent to the Premises, or shall violate the agreements or conditions affecting the Premises or any part thereof, by reason or shall hinder, obstruct or impair any easement or right-of-way to which the Premises are subject, then, promptly after written request of Lessor (unless such encroachment, violation, hindrance, obstruction or impairment is a Permitted Exception) or of any person so affected, Lessee shall, at its expense, either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting therefrom or (ii) if Lessor consents thereto, make such changes, including alteration or removal, to the Improvements and take such other action as shall be necessary to remove or eliminate such encroachments, violations, hindrances, obstructions or impairments. Alterations, Replacements and Additions. Lessee shall have the right, without having obtained the prior written consent of Lessor and provided that no Event of Default then exists, (i) to make non-structural alterations or a series of related non-structural alterations that, as to any such alterations or series of related alterations, do not cost in connection with excess of $500,000 (subject to Adjustment as provided in Section 2.2(h)) in any excavation calendar year and (ii) to install Machinery and Equipment in the Improvements or other building operation upon accessions to the Machinery and Equipment that, as to such Machinery and Equipment or accessions, do not cost in excess of $500,000 (subject to Adjustment as provided in Section 2.2(h)) in any calendar year, so long as at the time of construction or installation of any such Machinery and Equipment or alterations, no Event of Default exists and the value and utility of the Leased PremisesPremises is not diminished thereby, whether or not Landlord shall, by reason except to an immaterial extent. If the cost of any Legal Requirements non-structural alterations, series of related non-structural alterations, Machinery and Equipment or Insurance Requirementsaccessions thereto is in excess of $500,000 (subject to Adjustment as provided in Section 2.2(h)) in any calendar year, the prior written approval of Lessor shall be required. Lessee shall not construct upon the Land any additional buildings without having first obtained the prior written consent of Lessor. At the end of the Lease Term, Lessor shall have the right to require Lessee to remove any alterations, except for those alterations required by law or for which Lessor has agreed in writing that removal will not be required. Lessee shall have the right, without obtaining the consent of Lessor, to make any and all changes and betterments to the interior of the Improvements located on the Premises as may be required for Lessee's use of the Improvements. Lessee shall not be required to take provide Lessor with prior notice of the performance of any such work, but shall provide Lessor with copies of as-built plans with respect to any physical alterations of the Improvements costing more than $100,000 or which materially modify a building system. Lessee shall have the continuing and unrestricted right without Lessor's approval to repair, replace, move or remove any machinery, equipment, systems or components of systems that are used in the Premises so long as such repair or replacement is made with comparable parts or components. Any such replacement, upgrade or repair shall be completed with new or remanufactured materials and equipment of like kind and quality to that which then exists. Upon such repair or replacement title to the new part or component shall vest in the name of the owner of the original part or component and the title to the original part or component shall vest in Lessee. Lessee shall have the right to make replacements, upgrades, changes, repairs or betterments to parking areas, traffic patterns, landscaping and other similar exterior repairs and changes without Lessor's approval as long as such repairs and changes do not decrease the useful life, utility or square footage of the affected areas or cause the Improvements or any portion of the Premises to violate any state or local laws or ordinances. Lessee shall, at its cost and expense, make all alterations to the Property required so as to cause the Property to comply with applicable laws. With respect to any changes which affect the structural components of or the exterior façade of the Improvements located on the Premises, Lessee shall first request the approval of Lessor with regard to any such change which is other than in the nature of a repair to an existing Improvement or its components. In the event that Lessee wishes to implement such a change, it shall notify Lessor of its intention to perform such work, shall provide Lessor with a notice containing a description of and budget for all such work to be performed, and shall provide Lessor with schematic drawings showing the nature, extent and location of the work to be performed. Lessor shall have forty-five (45) days, time being of the essence, to respond to Lessee's request for permission to make such changes, which approval will not be unreasonably withheld or delayed. If Lessor does not agree to allow the requested change, it shall so state in writing which notice shall be sent to Lessee in the same manner as other notices as provided for herein. Such notification shall contain the reasons for disapproval. Lessee may then consult with Lessor as to such action or submit a modified proposal which shall again be liable for subject to the provisions of this Section 2.2(f). Provided; if Lessor does not respond to Lessee within such forty-five (45) day period, Lessee shall have the right to deliver a ten (10) day notice of Lessor's previous failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRrespond and if Lessor does not then respond to Lessee within such ten (10) day period (time being of the essence), WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence Lessor shall be deemed to preclude Tenant from being entitled have agreed to insurance proceeds or condemnation awards for Restoration pursuant allow the change to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, be constructed in the event of a Restoration pursuant manner described in Lessee's most recent notice. Lessee shall cause any alterations to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect be performed and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made completed in a good, proper substantial and workmanlike manner, free from faults and defects, and in compliance with all applicable laws. Lessor shall have no duty or obligation to inspect the alterations, but shall have the right to do so during normal business hours and upon reasonable prior notice to Lessee. Whenever Lessee performs any alterations upon the Property, Lessee shall promptly commence the alterations and, once commenced, diligently and continually pursue the completion of the alterations within a reasonable time. Lessee shall be responsible for the acts and omissions of all of its employees and all other persons performing any of the alterations. Effective October 1 of each year, the amounts specified in Sections 2.2(a) and 2.2(b) shall be subject to annual adjustment upwards (but not downwards) based upon increases in the Consumer Price Index ("CPI"). For purposes of this Section, CPI shall have the same meaning as in Schedule B. Lessee shall notify Lessor, in writing, of Lessee's determination of the adjusted amounts within the last calendar quarter of each year, but absent manifest hardship, the failure to give such notice shall not prevent giving such notice at any later date.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease and as otherwise provided in this Lease, Tenant shall at all times during the Term, put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) and the Equipment in the same (or better) condition and order of repair as exists as of the Commencement Datedate of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRLandlord shall not be required to make any repair, WHETHER FORESEEN OR UNFORESEENwhether foreseen or unforeseen, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYor to maintain any of the Leased Premises or Adjoining Property in any way, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDand Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECTwhich right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to excuse Landlord for any repairs arising from Landlord's default under this Lease or its gross negligence or intentional misconduct or to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion)promptly, and all repairs shall be made in a good, proper and workmanlike manner.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant Subtenant shall at all times put, not damage the Premises and shall keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components interior of the Leased Premises) Premises and all additions, alterations, and improvements thereto in the same (or better) good condition and order repair, including but not limited to the exterior doors, windows and window frames, custodial services, carpet cleaning, window washing, other minor interior repairs and maintenance, bulb replacement, and reasonable periodic painting as determined by Sublessor. Subtenant shall, further, keep the Premises in a clean, safe and healthy condition free of repair insects, rodents, termites, vermin and other pests so as exists as to conform to all lawful requirements, laws and ordinances and directions of the Commencement Dateproper public authorities. In the event any portion of the Premises shall be damaged because of improvements installed by Subtenant or through the fault or neglect of Subtenant, except for ordinary wear and tear, and Subtenant shall promptly and properly repair such damages at its cost even though it involves foundation or structural repairs. If Subtenant refuses or neglects to commence or complete said repairs and/or replacements promptly and adequately, Sublessor may, but shall not be required to, make all or complete said repairs and replacements and Subtenant shall pay the costs thereof to Sublessor upon demand. Subtenant shall coordinate its trash removal with the Sublessor and shall deposit its ordinary trash and refuse in the trash dumpster provided by the Sublessor (or Lessor, as the case may be). Subtenant shall be responsible for the collection, storage, and disposal of every kind its extraordinary trash and naturerefuse including, whether foreseen but not limited to, bio-hazardous materials, chemicals, and low-level nuclear materials as provided in Section 23. Said collection, storage, and disposal shall be in accordance with Section 5 hereof and subject to the general direction of The Ohio State University's Office of Environmental and Occupational Health and Safety. All repairs and replacements made by Subtenant shall be equal or unforeseenbetter in quality to the original work. If Subtenant refuses or neglects to commence or complete repairs and/or replacements for which Subtenant is responsible, which may promptly and adequately, Sublessor may, but shall not be required to, make or complete said repairs and replacements, and Subtenant shall pay the costs thereof to be made Sublessor immediately upon or in connection with the Leased Premises in order Sublessor giving notice of same to keep and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others to do all shoring of the Leased Premises or of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereofSubtenant; provided, by reason of or in connection with any excavation or other building operation upon any of the Leased Premiseshowever, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take that no such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing by Sublessor shall in the preceding sentence shall any way be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible be a waiver by Sublessor of any right Sublessor may have hereunder promptly (but in on account of any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdefault by Subtenant.

Maintenance and Repair. (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times put, keep and maintain the Leased Premises (includingin as good repair and appearance as they are in on the date hereof and fit to be used for their intended use in accordance with practices then generally recognized as appropriate for high-rise first-class office buildings in midtown Manhattan by prudent institutional owners or operators thereof and, without limitation, in the roof, landscaping, walls, footings, foundations and structural components case of the Leased Premises) Equipment, in as good mechanical condition as it was on the same (or better) condition and order of repair as exists as later of the Commencement Datedate hereof or the date of its installation, except for ordinary wear and teartear excepted and, provided further, that, in all events, the Leased Premises (including all Improvements and Equipment) shall be kept and maintained in accordance with the standards and requirements set forth in the Severance Lease and Condominium Documents. Tenant shall promptly make all repairs and replacements Alterations of every kind and naturenature (structural and non-structural), whether foreseen or unforeseen, which may be required to be made upon necessary or in connection with the Leased Premises in order appropriate to keep and maintain the Leased Premises in compliance with all applicable Legal Requirements and all Insurance Requirements and to comply with the order and condition required by foregoing requirements of this Paragraph 11(a12(a), the Severance Lease, and the Condominium Documents. Tenant Landlord shall do not be required to make any Alteration (structural or cause others non-structural), whether foreseen or unforeseen, or to do all shoring maintain any of the Leased Premises in any way, and Tenant hereby expressly waives any right which may be provided for in any Law now or hereafter in effect to make Alterations at the expense of foundations and walls of the Improvements and every other act necessary Landlord or appropriate for preservation and safety thereof, to require Landlord to make Alterations. Any Alteration made by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIR, WHETHER FORESEEN OR UNFORESEEN, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORD, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g). Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in the event of a Restoration pursuant to this Paragraph 13(c) or 14(g), within sixty (60) days of the date insurance proceeds or a condemnation award has been paid to the Trustee (it being understood that Tenant shall take such steps as are reasonably necessary to protect and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs 12 shall be made in a good, proper and workmanlike mannerconformity with the provisions of Paragraph 13.

Maintenance and Repair. Keep the Demised Premises and improvements erected thereon in good condition and repair, including all interior plumbing, security system and monitoring equipment, interior lights, electric light outlets and any improvements added to the Demised Premises by Tenant including replacement of improvements added by Tenant. Landlord shall enter into maintenance contracts (a“Maintenance Contracts”) Except with a heating, air conditioning repair service and a fire system maintenance and monitoring firm for any Alterations that Tenant is permitted to make pursuant to this Leasethe Demised Term. Landlord will manage the repair and replacement of HVAC equipment as well as exterior building electrical systems, exterior plumbing and fire system and monitoring equipment. The cost of such Maintenance Contracts, repair and replacement of equipment shall be Additional Rent due in accordance with Section 5 hereinabove. The Tenant shall permit the Landlord or Landlord’s duly authorized agents to enter upon the Demised Premises and the buildings and improvements thereon erected at all times put, keep and maintain the Leased Premises (including, without limitation, the roof, landscaping, walls, footings, foundations and structural components of the Leased Premises) in the same (or better) condition and order of repair as exists as of the Commencement Date, except for ordinary wear and tearany reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall promptly make comply with all repairs orders, regulations, rules and replacements requirements of every kind and naturenature relating to the Demised Premises, now or hereafter in effect, of the Federal, State, Municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether foreseen they be usual or unforeseenunusual, which may be required to be made upon ordinary or in connection with extraordinary, as the Leased Premises in order to keep result of any use or occupation thereof by Tenant, and maintain the Leased Premises in the order and condition required by this Paragraph 11(a). Tenant shall do or cause others pay all costs and expenses incidental to do all shoring of such compliance. and shall indemnify and save harmless the Leased Premises or of foundations Landlord from reasonable expense, and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Leased Premises, whether or not Landlord shall, damages by reason of any Legal Requirements notices, orders, violations or Insurance Requirementspenalties filed against or imposed upon the Demised Premises or against the Landlord as owner thereof, be required because of the failure of the Tenant to take comply with this covenant. Tenant further agrees to keep the Demised Premises clean, normal wear and tear and casualty excepted (unless such action casualty results from the actions of Tenant, its agents, employees, invitees, contractors or be liable for failure to do so. LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY REPAIRsubcontractors), WHETHER FORESEEN OR UNFORESEENand free from all ashes, OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAYdirt and other refuse matter; replace all glass windows, AND TENANT HEREBY EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF THE LANDLORDdoors, WHICH RIGHT MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER IN EFFECT. Nothing in the preceding sentence etc., which are broken; and keep all waste and drain pipes open; provided however, Tenant shall be deemed able to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g)cover any floor drains within the Demised Premises. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly (but in any event shall commence actions to initiate such repairs as quickly as possible after the date Tenant becomes aware that such repairs are necessary, or, in In the event of a Restoration pursuant the failure of Tenant promptly to Paragraph 13(c) or 14(g)perform the covenants of Section 8 hereof, within sixty (60) days Landlord may go upon the Demised Premises and perform such covenants, the cost thereof, at the sole option of the date insurance proceeds or a condemnation award has been paid Landlord, to the Trustee (it being understood that be charged to Tenant shall take such steps as are reasonably necessary to protect additional and preserve the integrity and safety of the Leased Premises pending such payment) and shall diligently pursue such repairs to completion), and all repairs shall be made in a good, proper and workmanlike mannerdelinquent rent.