Common use of Maintenance and Repairs Clause in Contracts

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the roof, structural elements walls or foundation of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s 's control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s 's use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s 's gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s 's predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.

Maintenance and Repairs. (a) LesseeTenant shall, at its sole cost and expense, will keep perform all maintenance, repair and replacement tasks to the Leased PropertyPremises; provided, however, prior to exercise and performance of the Option, neither Landlord nor Tenant shall be obligated to make repairs or improvements that would be considered a capital expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all private roadwaystimes throughout the Term, sidewalks Tenant shall maintain all improvements to the Premises now or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and curbs appurtenant thereto that are under Lessee’s controlrepair shall also specifically include the maintenance, including windows repair or replacement of fixtures and plate glassequipment essential to operation and enjoyment of the Premises; the heating, mechanicalair- conditioning, electrical and plumbing systems systems; exterior and interior doors; windows and glass; any signs or other equipment (including conduit installed and ductware)used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be controlled by the specific provisions hereof addressing such events. In carrying out its obligations as set forth in this Section 9, Tenant agrees to conform to all requirements of law, the regulations of applicable public authorities, and non-load bearing interior wallsthe requirements of insurers. Further, and parking lot surfacesTenant shall not take any action nor permit any action to be taken which would result in or cause the loss, in good order and repair, except (i) for ordinary wear and tear (whether termination or not the need for such repairs occurred as a result forfeiture of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) easement right appurtenant to the extent of damage caused by Lessor’s gross negligence Premises or willful misconduct or that of its employees or agents, and, except as otherwise provided which would result in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach violation of any representation covenants, conditions or warranty or for any latent defects in restrictions burdening the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UsePremises.

Maintenance and Repairs. (a) LesseeTenant shall, at its sole cost and expense, will keep perform all maintenance, repair and replacement tasks to the Leased PropertyPremises; provided, however, prior to exercise and performance of the Option, neither Landlord nor Tenant shall be obligated to make repairs or improvements that would be considered a capital expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all private roadwaystimes throughout the Term, sidewalks Tenant shall maintain all improvements to the Premises now or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and curbs appurtenant thereto that are under Lessee’s controlrepair shall also specifically include the maintenance, including windows repair or replacement of; fixtures and plate glassequipment essential to operation and enjoyment of the Premises; the heating, mechanicalair- conditioning, electrical and plumbing systems systems; exterior and interior doors; windows and glass; any signs or other equipment (including conduit installed and ductware)used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be controlled by the specific provisions hereof addressing such events. In carrying out its obligations as set forth in this Section 9, Tenant agrees to conform to all requirements of law, the regulations of applicable public authorities, and non-load bearing interior wallsthe requirements of insurers. Further, and parking lot surfacesTenant shall not take any action nor permit any action to be taken which would result in or cause the loss, in good order and repair, except (i) for ordinary wear and tear (whether termination or not the need for such repairs occurred as a result forfeiture of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) easement right appurtenant to the extent of damage caused by Lessor’s gross negligence Premises or willful misconduct or that of its employees or agents, and, except as otherwise provided which would result in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach violation of any representation covenants, conditions or warranty or for any latent defects in restrictions burdening the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UsePremises.

Maintenance and Repairs. Section 12.1. Tenant shall, throughout the term of this lease, at Tenant's sole cost and expense, maintain in good and lawful order, condition and repair the Demised Premises and the sidewalks and curbs adjacent thereto, and, subject to the rights of Tenant under Article 14 hereof, shall not commit or suffer any waste with respect thereto. Tenant shall promptly make all repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Demised Premises and the sidewalks and curbs adjacent thereto in good and lawful order and condition. When used in this Article, the term "repairs" as applied to Building Equipment shall be deemed to include replacements, restorations and/or renewals when necessary. In any event, Tenant shall have the right, at any time and from time to time, to remove and dispose of Building Equipment which may become obsolete or unfit for use or which is no longer useful in the operation of the Demised Premises. If any Building Equipment shall be removed, Tenant shall promptly replace the same with other equipment, not necessarily of the same character but of at least equal utility and value, except that if (a) Lesseeby reason of technological or other developments in the operation and maintenance of buildings of the general character of the Building, at no replacement of the Building Equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of the Building, or (b) the portion of the Building in which such Building Equipment is located or which it serves is to be demolished, Tenant shall not be required to replace the same. Tenant shall have the right to sell or otherwise dispose of any Building Equipment which it is required to replace or elects to replace pursuant to the provisions of this Section, and may retain as its sole expenseproperty the proceeds of any such sale or disposition. The provisions and conditions of Article 15 shall apply to repairs required to be done by Tenant under this Article. Subject to Tenant's rights to make Alterations, will Tenant shall keep and maintain all portions of the Leased PropertyDemised Premises and the curbs and sidewalks adjoining the Demised Premises, in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether Tenant shall not permit or not the need for such repairs occurred as a result of Lessee’s use, suffer any prior use, the elements or the age overloading of the Leased Property, or any portion thereof) and (ii) to floors of the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except Building. Except as otherwise provided in Subsection 9.1(bArticle 22, nothing herein contained shall be construed to prevent Tenant or any subtenant, sublessee, or other occupant claiming under or through Tenant from removing from the Demised Premises its trade fixtures, furniture and equipment (other than Building Equipment), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to on the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lesseecondition, however, that Tenant shall be permitted do so without cost or expense to prosecute claims against Lessor’s predecessors Landlord. Subject to the exception which is set forth in title for breach clause (b) of any representation this Section, Tenant hereby agrees to promptly repair or warranty or for any latent defects in the Leased Property cause to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, repaired any and all damages to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take Demised Premises resulting from or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecaused by such removal.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyUnless expressly provided otherwise in this Lease, and all private roadwaysin addition to the provisions of Section 6(A), sidewalks Landlord shall maintain, in good order, condition and curbs appurtenant thereto that are under Lessee’s controlrepair, including the common and core areas of the Building, the structural parts of the Building which shall include only the foundations, bearing and exterior walls, windows and plate glassdoors (unless such doors serve the Premises exclusively), mechanicalsubflooring, electrical gutters, downspouts, and plumbing systems and equipment the roof of the Building (including conduit the membrane and ductwareroof slab), and non-load bearing interior walls, the Building Systems and parking lot surfacesEquipment; provided, in good order and repairthe event any such replacements, except (i) for ordinary wear and tear (whether repairs or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage maintenance are caused by Lessoror result from Tenant’s gross the negligence or willful misconduct or that of Tenant, its agents, employees or invitees, the cost of such repairs shall be paid solely by Tenant and Tenant shall pay the cost thereof within ten (10) days of written notice from Landlord. Except as provided above, and subject to Section 10 of this Lease, Tenant shall maintain and repair the Premises in neat, clean, sanitary and good condition, including, without limitation, maintaining and repairing all interior walls, storefronts (if any), ceilings, interior doors, exterior doors serving the Premises exclusively and interior windows and fixtures, Premises’ specific systems and equipment as well as any damage to the Building, Property or Premises caused by Tenant, its agents, andemployees or invitees. If Tenant shall fail to keep and preserve the Premises in said condition and state or repair, except as otherwise provided in Subsection 9.1(bLandlord may, at its option (but with no obligation), Article 14 after providing Tenant ten (10) days prior written notice (or Article 15, with reasonable promptness, make all necessary such shorter or no notice if Landlord reasonably determines that there is an imminent danger to person or property) put or cause the same to be put into the condition and appropriate repairs replacementsstate of repair agreed upon, and improvements thereto of every kind and naturein such case Tenant, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, howeveron demand, shall be permitted to prosecute claims against Lessorpay the Landlord’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usereasonable out-of-pocket cost thereof.

Maintenance and Repairs. (a) LesseeTenant will, at its sole cost and expense, will keep the Leased Property, Landlord’s Property neat and all private roadways, sidewalks clean and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintain the same in good order condition and repair, except (i) for repair ordinary wear and tear excepted and will make all replacements and repairs thereto as required pursuant to the terms of this Lease. There is excepted from Tenant’s obligations under this Section 7.4 only (whether a) damage due to fire or other casualty, (b) taking by eminent domain and (c) repairs and work which are otherwise the specific responsibility of Landlord hereunder. At the end of the Lease Term or sooner termination of this Lease, Tenant shall peaceably surrender and deliver up the Premises to Landlord, broom clean, with all utilities safely capped, and in good condition and repair, reasonable wear and tear and damage by casualty and taking by eminent domain excepted, and removing all signs and lettering and all trade fixtures, personal property, goods and effects belonging to Tenant or anyone claiming through or under Tenant. Tenant shall cause all maintenance and repair work to conform to Legal Requirements. Tenant shall keep the Premises clear of all filth, trash and refuse and shall furnish all janitorial services and supplies necessary for this purpose. If at any time there exists an Event of Default as to Tenant’s obligations under the above provisions of this Section 7.4, then Landlord will have the right (but not the need for obligation), without waiving any such repairs occurred as Event of Default by Tenant, to cause such obligations to be performed upon not less than three (3) days’ prior written notice to Tenant (or a result shorter period of Lesseeprior written notice, or a contemporaneous written notice, if appropriate in Landlord’s usejudgment in light of the nature of Tenant’s obligations to be performed), and if Landlord causes any prior useof such obligations to be performed, the elements or the age of the Leased Property, or costs and expenses reasonably incurred by Landlord in connection therewith shall be due and payable by Tenant to Landlord upon demand. Notwithstanding any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term provision of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements contrary, Tenant shall not be required to remove any of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in Tenant Improvements Work at the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness end of the Leased Property or any part thereof for its Primary Intended UseLease Term.

Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11 and condemnation under Article 12, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except repair (i) for ordinary wear and tear excepted), in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, ceilings, interior surfaces of walls, any non-Building standard lighting fixtures, and any plumbing and other fixtures, alterations, improvements, systems and equipment within or exclusively serving the Premises, whether installed by Landlord or not Tenant). In the need event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, payable within thirty (30) days after billing, or (ii) by engaging such contractors as Landlord generally uses at the Property for such work, or such other contractors as Landlord shall first reasonably approve in writing to perform such work, all in a first class, workmanlike trimmer and otherwise in compliance with Article 9 respecting “Work”. Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of Lessee’s usemoving any furniture, fixtures, or other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the roof (and roof membrane), structure, exterior walls and windows, Systems and Equipment (including any prior useBuilding-standard overhead lights), the elements or the age and any parking and other common areas of the Leased Property, or any portion thereof) in good and sanitary condition, working order and repair (ii) the cost of which shall be included in Expenses to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent definition thereof in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseArticle 30).

Maintenance and Repairs. (a) Lessee, at its sole expense, Grantor agrees that it will keep and maintain the Leased PropertyPremises in good, first class condition, repair and operating condition, free from any waste or misuse, and will comply with all private roadwaysrequirements of law, sidewalks municipal ordinances and curbs appurtenant thereto that are under Lessee’s controlregulations, including windows restrictions and plate glass, mechanical, electrical covenants affecting the Premises and plumbing systems and equipment (including conduit and ductware)their use, and non-load bearing interior wallswill promptly repair or restore any buildings, improvements or structures now or hereafter on the Premises, which may become damaged or destroyed, to their condition prior to any such damage or destruction. Grantor further agrees that without the prior written consent of Beneficiary, it will not remove or expand any improvements on the Premises, erect any new improvements or make any material alterations in any improvements which will alter the basic structure, adversely affect the market value or change the existing architectural character of the Premises, and parking lot surfacesagrees that any other buildings, structures and improvements now or hereafter constructed on or in the Premises or repairs made to the Premises shall be completed in a good and workmanlike manner, in good order accordance with all applicable governmental laws, regulations, requirements and repair, except (i) for ordinary wear permits and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) in accordance with plans and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsspecifications previously delivered to, and improvements thereto approved in advance and in writing by, Beneficiary. Grantor agrees not to acquiesce in any rezoning classification, modification or restriction affecting the Premises without the prior written consent of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased ImprovementsBeneficiary. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee Grantor agrees that it will not take abandon or omit vacate the Premises. Grantor agrees that it will provide, improve, grade, surface and thereafter maintain, clean, repair and adequately light all parking areas within the Premises, together with any sidewalks, aisles, streets, driveways and curb cuts and sufficient paved areas for ingress and right of way to take any action, and from the taking adjacent public thoroughfare necessary or omission of which might materially impair desirable for the value or use thereof and maintain all landscaping thereon. Grantor shall obtain and at all times keep in full force and effect such governmental approvals as may be necessary to comply with all governmental requirements relating to Grantor and the usefulness of the Leased Property or any part thereof for its Primary Intended UsePremises.

Maintenance and Repairs. (a) LesseeBy taking possession of the Premises Lessee agrees that the Premises are then in a good and tenantable condition. During the Term, Lessee shall, at its sole cost and expense, will keep, repair and maintain the Premises, including all windows (interior and exterior), plate glass and glazing, plumbing and electrical systems located within the Premises, interior walls (excepting the structural portion of the walls forming the perimeter of the Premises), floors (except as covered by contractor's warranty, if any) and all interior improvements within the Premises and any septic system that Lessee installs for its own use, in a first class condition, and Lessee shall keep the Leased PropertyPremises in a clean, safe and all private roadwaysorderly condition. Lessor shall provide, sidewalks and curbs appurtenant thereto that are under without reimbursement from Lessee’s control, including windows and plate glass, mechanical, (i) electrical and plumbing systems to the exterior wall of the Premises in a manner meeting all Applicable Laws (including, all current codes) for the existing usage and equipment electrical and plumbing demands; (including conduit ii) all maintenance, replacement and ductware)repair to the foundation, roof, parapets, flashing, gutters, downspouts, floor slab, outer walls and non-load bearing interior wallsstructural portions of the Building which shall be necessary to maintain the Premises in a safe, dry and parking lot surfaces, tenantable condition and in good order and repair and the parking lot (repaving and restriping only), curbs, and sidewalks; (iii) all maintenance, replacement and repair of underground utility installations and underground electrical conduit and wire; including, but not limited to, repairs, maintenance and replacements which are occasioned by settlement of the Premises, or a portion thereof, or caused by soil conditions which are not due to change in use of the Premises by Lessee; and (iv) any repair, except (i) for ordinary wear and tear (whether maintenance or not the need for such repairs occurred restoration required as a result of the act or neglect of Lessor or its agents, employees, contractors, members or partners (collectively, "Representatives") or resulting from the failure of Lessor to perform in a timely manner its obligations under this Lease. Notwithstanding the foregoing, Lessee shall pay the cost of repairs for any damage occasioned by Lessee’s use, any prior use, the elements or the age 's use of the Leased Property, Premises or Property or any portion thereofact or omission of Lessee or Lessee's representatives or visitors, to the extent (if any) not covered by Lessor's insurance. Lessee shall be also responsible for maintaining those portions of the roof and (ii) structure of the Building to the extent of damage caused any replacements or improvements made by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary Lessee. Lessee shall also be responsible for installing and appropriate repairs replacements, and maintaining any improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease electrical and plumbing (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as including septic systems) facilities to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, Premises to the extent reasonably achievable, be at least equivalent that such improvements are necessary due to Lessee's needs in quality to the original workPremises. Lessee will not take or omit to take any action, the taking or omission hereby waives all rights under and benefits of which might materially impair the value or the usefulness Subsection (1) of Civil Code Section 1932 and Sections 1941 and 1942 of the Leased Property California Civil Code and under any similar law, statute or any part thereof for its Primary Intended Useordinance now or hereafter in effect.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) Subject to the extent of damage caused by Lessor’s gross negligence terms hereof, Manager shall promptly make or willful misconduct or that of its employees or agentscause to be made all repairs, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, corrections, maintenance, alterations, improvements, renovations, installations, renewals and improvements thereto additions (collectively, "REPAIRS") of every kind and nature, whether interior or exterior exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise) necessary or appropriate to maintain the Hotels (including all private roadways, sidewalks and curbs located thereon) for which Owner, Purchaser or a Hotel has responsibility in good order and repair, reasonable wear and tear excepted (whether or not the need for such Repairs occurs as a result of Owner's or Manager's use, any prior use, Insurance Requirements, the elements or the age of the Hotels, or any portion thereof), and in conformity with Legal Requirements (including, without limitation, retaining all construction lien holdbacks under the CONSTRUCTION LIEN ACT (Ontario) and releasing such holdbacks only when all liens have expired or required by been discharged or vacated, all notices have been withdrawn, and the time period for filing any governmental agency having jurisdiction over liens has expired), applicable Brand Standards and the Leased Property, except as to the structural elements of the Leased ImprovementsOperating Standards. Lessee, however, All Repairs shall be permitted made in a good, workmanlike manner, consistent with Manager's and industry standards for like hotels in like locales, in accordance with all applicable Legal Requirements and Insurance Requirements. To the extent such Repairs cannot be performed by Manager's on-site staff, Manager shall entitled to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property cause such repairs to be maintained performed by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shallthird parties or, subject to the extent reasonably achievableOwner's prior approval, be at least equivalent in quality Affiliates of Manager acting under separate technical services agreements pursuant to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseSECTION 11.1.

Maintenance and Repairs. Tenant shall take care of the interior (aother than structural portions) Lesseeof the Leased Premises and the fixtures and appurtenances therein and at its sole cost and expense make all non-structural repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to the Leased Premises and to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Property or by tenant's installation or removal of furniture, fixtures, or other property, or resulting by tenant-caused fire, explosion, air conditioning unit or systems, short circuits, leakage of water, stream, or any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause of Tenant, its servants, employees, agent, visitors, or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the reasonable satisfaction of Landlord. All the aforesaid repairs, restorations and replacements shall be in good quality and class equal to the original work or installation and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restorations, or replacements, the same may be made by Landlord upon prior written notice at the expense of Tenant and all reasonable sums to be spent and expenses incurred by Landlord shall be collectable as additional rent and shall be paid by Tenant within thirty (30) days after rendition of the xxxx or statement therefore to Tenant by Landlord. Tenant further agrees that it shall, at its sole own expense, will keep furnish all necessary janitorial and cleaning services which are appropriate for the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age maintenance of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UsePremises.

Maintenance and Repairs. (a) Lessee, LANDLORD agrees that at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term tenancy all utilities and mechanical systems (including, without limitation, the electrical, plumbing and HVAC systems) shall be in good working order and LANDLORD shall do the pre-occupancy work as detailed in the attached Exhibit B. --------- TENANT agrees to maintain the Premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this Lease, reasonable wear and tear, damage by fire and other casualty only excepted. TENANT shall be responsible for all necessary maintenance and repairs (but not replacements), including but not limited to lights, air conditioning units, heating units, plumbing, electrical, security system, sprinkler system, elevator, doors, windows, including repairs to the interior and exterior of the Building and parking areas. Work shall be done by authorized and licensed, where appropriate, technicians. LANDLORD shall be notified in advance of any work expected to exceed $2,000. Notwithstanding any provision of this Lease to the contrary, LANDLORD agrees, at its cost, to (concealed or otherwisei) keep in good order, condition and repair, the roof, the load-bearing walls (excluding exterior glass), or required by any governmental agency having jurisdiction over the Leased Property, except as foundation and the structure of the Building and the pavement of the parking areas serving the Premises; (ii) make all replacements to the structural elements Building systems (including, but not limited to, heating, ventilation and air conditioning system, sprinkler system, plumbing system, and electrical system) and all repairs estimated to cost in excess of $1,250.00 to such systems, provided LANDLORD shall not be responsible for such repairs when the Leased Improvements. Lesseeneed arises from the abuse or improper maintenance of such systems by TENANT, however, and provided further that LANDLORD shall not be permitted to prosecute claims against Lessor’s predecessors in title responsible for breach the routine maintenance and repair of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usesystems.

Maintenance and Repairs. (a) LesseeSubject to Tenants responsibilities set forth in Paragraph 14 (d), at its sole expense, will Landlord shall keep the Leased Building and all machinery, equipment and fixtures attached to, or used in connection with the operation of the Building and Property, and including all private roadwayselectrical, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glassheating, mechanical, electrical sanitary, sprinkler, utility, Power, plumbing, cleaning, refrigeration, ventilating, air conditioning and plumbing elevator systems and equipment (including conduit excluding, however, lines, improvements, systems and ductware)machinery for water, gas, steam and non-load bearing interior walls, electricity owned and parking lot surfaces, maintained by any public utility company or governmental agency or body and excluding also any of Tenants property) in good order and repair. Landlord shall develop, in consultation with Tenant, a program for maintenance of the Building and Property, including a budget therefor. Landlord shall meet with Tenant at commercially reasonable times, and upon commercially reasonable notice (but is not required to meet more often than twice annually), to secure Tenant's input into such program and budget. Landlord reserves the right of access to the Premises for the purposes of such operation, cleaning, maintenance, safety, security and repairs, and agrees that it shall use reasonable efforts (except (iin the case of emergency) for ordinary wear and tear (whether or not to provide reasonable advance written notice to Tenant of its intent to enter the need Premises for such repairs occurred purposes. The cost for maintaining the Building and Premises in good order and repair as a result contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of Lessee’s use, any prior use, paragraph 11 hereof. There shall be no abatement in rents due and payable hereunder and no liability on the elements or the age part of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising Landlord by reason of a condition existing prior any inconvenience, annoyance or disruption arising from Landlord's making reasonable repairs, additions or improvements to the commencement Building or Premises in accordance with its obligations hereunder. Tenant will not do or permit anything to be done in the Premises or the Building of which they form a part or bring or keep anything therein which shall in any way increase the Term rate of this Lease (concealed fire or otherwise)other insurance for said Building, or required by on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any governmental agency way injure or annoy them, or those having jurisdiction over business with them, or conflict with them or conflict with the Leased Propertyfire laws or regulations, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of or with any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property insurance policy upon said Building or any part thereof thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authority. If any increase in the rate of fire insurance or other insurance is stated by any insurance company or by any insurance rate bureau due to any activity or equipment of Tenant, such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and Tenant shall be liable for its Primary Intended Usesuch increase and shall reimburse Landlord therefor upon demand, and any such sum shall be considered Additional Rent payable hereunder. In the event Landlord elects to make substantial improvements or additions to the Building, Property or Premises, such improvements or additions shall not adversely affect Tenant's use of or access to the Premises unless Landlord has obtained the prior written consent of Tenant, which consent shall not be unreasonably withheld, to make such improvements or additions which affect Tenant's Premises in an adverse manner. Landlord shall be free to make improvements or additions to the Building, Property or Premises which do not have an adverse effect on Tenant's use of or access to the Premises.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyExcept for customary cleaning and trash removal provided by Landlord under Article 6, and all private roadwayscasualty damage to be repaired by Landlord under Article 11, sidewalks Tenant shall keep and curbs appurtenant thereto that are under Lessee’s control, including windows maintain (or cause to be kept and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintained) the Premises in good and sanitary condition, working order and repair, except (i) for ordinary wear and tear excepted, in compliance with all applicable Laws to the extent required under Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting (including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the Premises whether installed by Landlord or not Tenant). In the need event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) business days after billed, or (ii) at Landlord’s option, by engaging such contractors as Landlord shall first approve in writing, which approval shall not be unreasonably withheld, conditioned or delayed to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting “Work”. Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises, caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior usefixtures, or other property to or from the elements Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the age contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall maintain and repair all structural components (including the roof and exterior glass) and common areas of the Leased PropertyBuilding and common Building systems such as the heating, or ventilating and air conditioning, electrical, plumbing and life safety systems (including any portion thereof) such common Building systems as may be located within the Premises, but not including any of Tenant’s systems and (ii) to equipment specifically serving the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(bPremises), Article 14 or Article 15in a manner consistent with other class A office buildings in the downtown Chicago, with reasonable promptness, make all necessary and appropriate repairs replacementsIllinois, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to otherwise in accordance with all applicable Laws (the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 cost of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usemay be included in Expenses as herein provided).

Maintenance and Repairs. (a) LesseeSection 11.1 Tenant shall, throughout the term of this lease, at its Tenant's sole cost and expense, will keep maintain in good and lawful order, condition and repair the Leased Propertynon-structural portions of the Demised Premises and the parking area, and all private roadwayslawn, sidewalks and curbs appurtenant thereto that are under Lessee’s controladjacent thereto; and Tenant shall not commit or suffer any waste with respect to the Demised Premises. Except for Landlord's Obligations, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and Tenant shall promptly make all non-load bearing structural repairs, interior wallsand exterior, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to keep the Demised Premises, the Building Equipment and the parking lot surfacesarea, lawn, sidewalks and curbs adjacent thereto in good and lawful order and repair, except (i) for ordinary wear condition and tear (whether or not said repairs shall be at least equal in quality and class to the need for such repairs occurred as a result of Lessee’s use, any prior usecondition existing on the date hereof. When used in this Article, the elements term "repairs" as applied to Building Equipment shall include normal maintenance and replacement of parts but shall not include major repairs or replacements which shall be the age obligation of Landlord. If any Building Equipment shall be removed, Tenant shall promptly replace the same with other equipment, not necessarily of the Leased Propertysame character but of at least equal utility and value. The 168 provisions and conditions of Article 14 shall apply to repairs required to be done by Tenant under this Article. Tenant shall keep and maintain all portions of the Demised Premises and the parking area, lawn, curbs and sidewalks adjoining the Demised Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice and Tenant shall not permit or suffer any portion thereof) and (ii) to overloading of the extent floors of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except the Building. Except as otherwise provided in Subsection 9.1(bArticle 20, nothing herein contained shall be construed to prevent Tenant, any Subtenant or other occupant claiming under or through Tenant from removing from the Demised Premises its trade fixtures, signs, furniture and equipment (other than Building Equipment), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to on the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lesseecondition, however, that such removal shall be permitted done without cost or expense to prosecute claims against Lessor’s predecessors in title for breach of any representation Landlord. Tenant hereby agrees to promptly repair or warranty or for any latent defects in the Leased Property cause to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, repaired any and all damage to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take Demised Premises resulting from or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecaused by such removal.

Maintenance and Repairs. (a) Lessee8.1 Tenant, at its Tenant’s sole cost and expense, will shall promptly make all non-structural repairs and replacements, and perform all non-structural maintenance, in and to the Premises to keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good order operating condition and repair, except (i) for in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall likewise maintain all trade fixtures, furnishings and equipment located in, or exclusively serving, the Premises and make all required repairs and replacements thereto. Tenant shall also maintain, repair and replace, at Tenant’s sole cost and expense, the Tenant Items and shall keep in force customary maintenance and service contracts therefor. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has actual knowledge. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in broom clean condition, subject to ordinary wear and tear and as otherwise provided in Article XIII or Article XVII hereof. Except as otherwise provided in Article XVII hereof, all injury, breakage and damage to the Premises and to any other part of the Building or the Land caused by any act or omission of Tenant or any Agent of Tenant, (whether or not the need for such i) shall be, with respect to repairs occurred as a result of Lessee’s use, any prior useto Building Structure and Systems, the elements Building, or the age of Land, repaired by Landlord at the Leased Property, or Tenant’s cost and expense with respect to any portion thereof) repairs to Building Structure and Systems and (ii) shall be, with respect to non-structural repairs to the extent of damage caused Premises and/or Tenant Items, repaired by Lessorthe Tenant at Tenant’s gross negligence or willful misconduct or that of its employees or agents, andexpense, except as otherwise provided that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any such injury, breakage or damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of notice from Landlord, then Landlord shall have the right at Landlord’s option to make any such repair and to charge Tenant for all costs and expenses incurred in Subsection 9.1(b)connection therewith. Notwithstanding any term, Article 14 condition or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto provisions of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior this Section 8.1 to the commencement of contrary, Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures. All other bulbs and tubes for the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, Premises shall be permitted provided and installed at Tenant’s expense; provided that if Tenant elects to prosecute claims against Lessor’s predecessors in title supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for breach of any representation or warranty or for any latent defects in the Leased Property such replacement at no cost to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseTenant.

Maintenance and Repairs. (a) LesseeTenant, at its Tenant's sole cost and expense, will shall keep the Leased PropertyPremises, the Equipment Area, the Corridor, the Roof Platforms and all private roadways, sidewalks equipment installed thereon and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, every part thereof in good order order, condition and repair, except (i) for ordinary wear and tear and any damage or destruction for which Tenant is not obligated to repair pursuant to Section 29 excepted. All maintenance, repairs and replacements by Tenant shall be made and performed: (whether a) at Tenant's cost and expense, (b) by reputable licensed contractors or not mechanics which have experience in the need for type of work to be completed, are insured (with insurance certificates to be provided to Landlord prior to commencement of such repairs occurred as a result of Lessee’s use, any prior use, the elements maintenance or the age repair) and are one of the Leased Propertycontractors or mechanics listed on a schedule to be provided to Landlord by Tenant from time to time and which contractors and mechanics on the schedule are subject to Landlord's reasonable approval, or any portion thereof(c) in such manner as to be at least equal in quality of materials and (ii) workmanship to the extent of damage caused by Lessor’s gross negligence original work or willful misconduct or that of its employees or agentsinstallation, and, except as otherwise provided (d) in Subsection 9.1(b), Article 14 or Article 15, accordance with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required and the Rules and Regulations adopted by any Landlord from time to time and in accordance with all applicable laws and regulations of governmental agency authorities having jurisdiction over the Leased PropertyPremises, except (e) so as not to unreasonably interfere with the use and enjoyment of the Complex by Landlord, other tenants or any other person, (f) if involving any material changes to the structural elements design of the Leased Improvements. LesseePremises or any operating system or utility service, however, then Tenant shall be permitted to prosecute claims against Lessor’s predecessors in title for breach furnish Landlord with an as-built drawing within a reasonable period of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness time following completion of the Leased Property work and (g) such that no maintenance will be deferred or any part thereof for its Primary Intended Usedelayed, ordinary wear and tear excepted.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyExcept for customary cleaning and trash removal provided by Landlord under Article 6, and all private roadwayscasualty damage to be repaired by Landlord under Article 11, sidewalks Tenant shall keep and curbs appurtenant thereto that are under Lessee’s control, including windows maintain (or cause to be kept and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintained) the Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting (including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) days after billed, or (ii) at Landlord's option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting "Work". Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises, caused, in whole or in part, as a result of Lessee’s useTenant's moving any furniture, any prior usefixtures, or other property to or from the elements Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the age contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the common areas of the Leased Property, or any portion thereof) including without limitation all structural components, foundation, roof and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary exterior walls and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement finishes of the Term building in good and sanitary condition, working order and repair (the cost of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, which shall be permitted to prosecute claims against Lessor’s predecessors included in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claimExpenses). 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.ARTICLE 9:

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s 's control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-non- load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s 's use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s 's gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s 's predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.

Maintenance and Repairs. (a) LesseeBy taking possession of the Premises Lessee agrees that the Premises are then in a good and tenantable condition. During the Term, Lessee shall, at its sole cost and expense, will keep, repair and maintain the Premises, including all windows (interior and exterior), plate glass and glazing, plumbing and electrical systems located within the Premises, interior walls (excepting the structural portion of the walls forming the perimeter of the Premises), floors (except as covered by contractor's warranty, if any) and all interior improvements within the Premises and any septic system that Lessee installs for its own use, in a first class condition, and Lessee shall keep the Leased PropertyPremises in a clean, safe and all private roadwaysorderly condition. Lessor shall provide, sidewalks and curbs appurtenant thereto that are under without reimbursement from Lessee’s control, including windows and plate glass, mechanical, (i) electrical and plumbing systems to the exterior wall of the Premises in a manner meeting all Applicable Laws (including, all current codes) for the existing usage and equipment electrical and plumbing demands; (including conduit ii) all maintenance, replacement and ductware)repair to the foundation, roof, parapets, flashing, gutters, downspouts, floor slab, outer walls and non-load bearing interior wallsstructural portions of the Building which shall be necessary to maintain the Premises in a safe, dry and parking lot surfaces, tenantable condition and in good order and repair and the parking lot (repaving and restriping only), curbs, and sidewalks; (iii) all maintenance, replacement and repair of underground utility installations and underground electrical conduit and wire; including, but not limited to, repairs, maintenance and replacements which are occasioned by settlement of the Premises, or a portion thereof, or caused by soil conditions which are not due to change in use of the Premises by Lessee; and (iv) any repair, except (i) for ordinary wear and tear (whether maintenance or not the need for such repairs occurred restoration required as a result of the act or neglect of Lessor or its agents, employees, contractors, members or partners (collectively, "Representatives") or resulting from the failure of Lessor to perform in a timely manner its obligations under this Lease. Notwithstanding the foregoing, Lessee shall pay the cost of repairs for any damage occasioned by Lessee’s use, any prior use, the elements or the age 's use of the Leased Property, Premises or Property or any portion thereofact or omission of Lessee or Lessee's representatives or visitors, to the extent (if any) not covered by Lessor's insurance. Lessee shall be also responsible for maintaining those portions of the roof and structure of the Building to the extent of any replacements or improvements made by Lessee. Lessee shall also be responsible for installing and maintaining any improvements to the electrical and plumbing (including septic systems) facilities to the Premises to the extent that such improvements are necessary due to Lessee's needs in the Premises. Lessor shall be responsible for abating any asbestos found on the Premises in a manner that complies with federal, state and local law and further represents and warrants, to the best of Lessor's knowledge, that (i) all asbestos previously removed from the Building by Lessor was done in compliance with all Applicable Laws and (ii) to no asbestos remains in the extent Building. Lessee hereby waives all rights under and benefits of damage caused by Lessor’s gross negligence or willful misconduct or that Subsection (1) of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary Civil Code Section 1932 and appropriate repairs replacements, Sections 1941 and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement 1942 of the Term of this Lease (concealed California Civil Code and under any similar law, statute or otherwise), ordinance now or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors hereafter in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useeffect.

Maintenance and Repairs. Section 7.01. Tenant shall, throughout the term hereof until the surrender of the demised premises (a) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductwarewhich is governed by Article Sixteen hereof), and non-load bearing interior wallsat no expense whatsoever to Landlord, take good care of the demised premises and, subject to the rights of Tenant under Article Nine of this Lease, shall not do or suffer any waste with respect thereto, and parking lot surfacesTenant shall promptly make all repairs to maintain the demised premises in good and lawful order and condition. When used in this Article, the term "repairs" shall include replacement, restoration and/or renewals when necessary. The provisions and conditions of Article Nine applicable to changes or alterations shall similarly apply to repairs required to be done by Tenant under this Article. Tenant shall keep and maintain all portions of the demised premises, including, without limitation, the interior of the demised premises and all equipment and plumbing serving the demised premises, in good working order and repaircondition, except (i) for ordinary wear free of accumulation of water, dirt and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except rubbish. Except as otherwise provided in Subsection 9.1(b)Article Fifteen, Article 14 or Article 15nothing herein contained shall be construed to prevent Tenant from removing from the demised premises its own trade fixtures, with reasonable promptness, make all necessary and appropriate repairs replacementsfurniture, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to equipment on the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lesseecondition, however, that Tenant shall, at its own cost and expense, and it hereby agrees to, repair any and all damages to the demised premises resulting from or caused by the removal thereof, and not from ordinary wear and tear. Landlord shall be permitted to prosecute claims against Lessor’s predecessors in title responsible for breach of any representation or warranty or for any latent defects in maintaining the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to HVAC systems serving the extent reasonably achievable, be at least equivalent in quality to demised premises and the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness remainder of the Leased Property or any part thereof for its Primary Intended Usebuilding, and all costs incurred by Landlord in maintaining and repairing the HVAC systems serving the demised premises and the remainder of the building shall be included in CAM costs and reimbursed to Landlord in accordance with the terms of Section 2.05 above.

Maintenance and Repairs. (a) Lessee, at its sole expense, will keep the Leased PropertyExcept for customary cleaning and trash removal provided by Landlord under Article 6, and all private roadwayscasualty damage to be repaired by Landlord under Article 11, sidewalks Tenant shall keep and curbs appurtenant thereto that are under Lessee’s control, including windows maintain (or cause to be kept and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, maintained) the Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wallcoverings, doors, windows, ceilings, interior surfaces of walls, lighting (including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly notify Landlord and arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) days after billed, or (ii) at Landlord's option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting "Work". Tenant shall promptly notify Landlord concerning the necessity for any repairs occurred or other work hereunder and upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises, caused, in whole or in part, as a result of Lessee’s usemoving any furniture, any prior usefixtures, or other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the common areas of the Property in good and sanitary condition, working order and repair, as well as the Building's heating, ventilation and air conditioning system serving the Premises on a non-exclusive basis (as opposed to systems serving the Premises exclusively, which shall be the Tenant's obligation to maintain), the elements or the age cost of which shall be included in Expenses. As conditions to Landlord's repair obligations, Tenant shall give Landlord reasonable prior notice of the Leased Propertynecessity for such repairs, and any damage shall not have been caused by any act or omission of Tenant or any other occupant of the Premises, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or their employees, agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 invitees or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usecontractors.

Maintenance and Repairs. (a) Except as otherwise provided herein below, Lessor shall at Lessor’s sole cost, keep and maintain the Property, Building, and Premises, including, but not limited to, the elevator serving the Premises, plumbing, electrical systems (excluding light bulbs and Lessee’s electrical leasehold improvements) heating and air conditioning systems (“HVAC systems”), parking areas and walks, any shrubbery and landscaping and landscape lighting between buildings in good condition and repair. At Lessor’s sole cost and expenses (without any reimbursement whatsoever from Lessee), Lessor agrees to maintain the roof and the structural integrity of the Building and Premises. Furthermore, notwithstanding anything to the contrary herein, Lessee will have no obligation to pay or reimburse Lessor for repaving, sealing, resurfacing, etc. the parking lot or driveway areas (“Parking Area Maintenance”). Lessee hereby waives all right to make repairs at its sole expense, will keep Lessor’ s expense under the Leased Propertyprovisions of Section 1942 of the California Civil Code, and all private roadwaysrights provided for under Section 1941 of said Civil Code. At the termination of this lease, sidewalks Lessee shall surrender the Premises to the Lessor in as good condition and curbs appurtenant thereto that are under Lessee’s controlrepair as when received on the commencement of the term of the Existing Lease, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether however, ordinary wear and tear shall not include any damage or not the need for such repairs occurred as a result of Lessee’s usedeterioration caused by Lessee that would have been prevented by good maintenance practice), any prior use, damage by fire or the elements or the age acts of the Leased PropertyGod, or any portion thereof) and (ii) to the extent of damage caused by resulting from Lessor’s gross acts or omissions, negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementsmisconduct, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior Lessor approved alterations excepted (unless Lessee is required to remove such alterations at the commencement of the Term of this Lease (concealed or otherwisetime Lessor approves such alterations), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Use.

Maintenance and Repairs. (a) Notwithstanding the provisions of the Civil Code of the Province of Queb ec, and in particular Articles 1854 and 1864, the Lessee, at its sole own expense, will shall operate, maintain and keep the Leased PropertyPremises including all facilities, equipment and services, both inside and outside, available to the Lessee exclusively, in such good order and condition, both inside and outside, as they would be kept by a careful owner, and shall promptly make all needed repairs and replacements to the Leased Premises (save and except for structural defects or repairs which shall be defined as being repairs or replacements to the foundations, bearing walls and roof steel deck, all of which will be the Lessor's responsibility), which a careful owner would make, including, without limitations, the water, gas, drain and sewer connections, pipes and mains, electrical wiring, water closets, sinks and accessories thereof, and all private roadways, sidewalks equipment belonging to or connected with the Leased Premises or used in its operation. The Lessee shall have no obligation for repairs and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether replacements not caused by the negligent or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age wrongful act of the Leased PropertyLessee or those for whom the Lessee is responsible at law, or any portion thereof) and (ii) to the extent of damage caused which is covered by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), insurance maintained or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by the Lessor. The Lessee unless undertakes to obtain and pay for full maintenance, repair and replacement services and/or insurance contracts as may be available from firms approved by the Lessor is already diligently pursuing (such a claimapproval not to be unreasonably withheld), with respect to the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment, if provided in the Leased Premises, the whole without prejudice to the other obligations of the Lessee with respect to such equipment. All The Lessee shall forward, without any further demand, to the Lessor copies of such contracts and evidence of renewals thereof during the continuance of this Lease. With respect to any repairs shallor replacements that are considered capital expenses according to generally accepted accounting principles ("GAAP"), the Lessee's responsibility shall be limited to an amount equivalent to the amortization of the capital expense in question, calculated by Lessor's accountant according to GAAP, over the service life of the repairs or replacements (to be determined in accordance with GAAP), to the extent reasonably achievablethat such amortization period falls within the Term, be at least equivalent in quality or any extension or renewal thereof. Should such capital expense relate to a repair or replacement which is common to more than one lessee, then the original work. Lessee will not take or omit to take any actionpay only its proportionate share of the amounts calculated as set out above. Notwithstanding anything else contained in this Lease, the taking or omission of which might materially impair the value or the usefulness Lessee shall not be responsible for any capital expenditure which, as of the Leased Property date of execution of this Lease, has been approved or any part thereof proposed, or which is being evaluated for its Primary Intended Useimplementation within the six (6) months following the commencement date.

Maintenance and Repairs. (a) LesseeTenant shall, at its sole expensethroughout the Demised Term, will keep take good care of the Leased PropertyPremises and the buildings and improvements now or hereafter erected thereon, including, but not by way of limitation, the “Building Equipment” located within the Premises ( including but not limited to heating and air conditioning plants and systems, lighting and electrical systems, and plumbing) and, subject to the rights of Tenant under Article Seven of this Lease, shall not do or suffer any waste with respect thereto. Tenant shall (i) promptly make all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment repairs (including conduit and ductware), structural and non-load bearing interior wallsstructural), necessary to keep said buildings, improvements, on site improvements, and parking lot surfaces, Building Equipment in a good state of order and repair, except (i) for ordinary condition subject to reasonable wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s usetear, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) irrespective of the availability or sufficiency of any fire or other insurance proceeds payable with respect thereto pursuant to Article 8 hereof, restore the extent same, following any damage or destruction by reason of damage caused any fire or other casualty, or by Lessor’s gross negligence reason of any settling of said buildings or willful misconduct improvements. When used in this Article, the term “repairs” as applied to Building Equipment shall include replacements, restoration and/or renewals when necessary. The provisions and conditions of Article Seven applicable to changes or that of its employees or agents, and, except alterations shall similarly apply to repairs required to be done by Tenant under this Article. Except as otherwise provided in Subsection 9.1(b)Article Thirteen, Article 14 nothing herein contained shall be construed to prevent Tenant or Article 15any subtenant, with reasonable promptnesssublessee, make all necessary and appropriate repairs replacementsor other occupant claiming under or through Tenant from removing from the Premises trade fixtures, furniture, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to equipment (other than Building Equipment) on the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lesseecondition, however, that Tenant shall, at its own cost and expense, repair any and all damages to the Premises resulting from or caused by the removal thereof. Notwithstanding anything contained herein Tenant shall be permitted responsible for all maintenance and repairs of and to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claimPremises. All the aforesaid repairs shall, to the extent reasonably achievable, shall be of quality or class at least equivalent in quality equal to the original workwork or construction. Lessee will not take or omit If Tenant fails after twenty (20) days’ notice to take any actioncommence such repairs required to be made by Tenant hereunder, the taking or omission same may be made by Landlord, at Landlord’s option at the expense of which might materially impair Tenant, and the value or the usefulness of the Leased Property or any part expenses thereof for its Primary Intended Useincurred by Landlord shall be collectible as additional rent with twenty (20) days’ demand therefor.

Maintenance and Repairs. Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11, Tenant shall keep and maintain (aor cause to be kept and maintained) Lessee, at its sole expense, will keep the Leased Property, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, Premises in good and sanitary condition, working order and repair, except in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including the Rules (including any carpet and other flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, lighting, plumbing and other fixtures, alterations, improvements, and special HVAC and other systems and equipment in or exclusively serving the Premises whether installed by Landlord or Tenant). In the event that any repairs, maintenance or replacements are required, Tenant shall promptly arrange for the same either: (i) for ordinary wear and tear (whether or not the need through Landlord for such repairs occurred reasonable charges as a result of Lessee’s useLandlord may establish from time to time, any prior use, the elements or the age of the Leased Propertypayable within thirty (30) days after billing, or any portion thereof) and (ii) by engaging such contractors as Landlord shall first designate or approve in writing (such approval not to be unreasonably withheld, conditioned or delayed) to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing (such approval not to be unreasonably withheld, conditioned or delayed) and otherwise in compliance with Article 9 respecting "Work". Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a direct result of moving any furniture, fixtures, or other property to or from the Premises, or otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the roof, structure, Systems and Equipment, and common areas of the Property in good and sanitary condition, working order and repair (the cost of which shall be included in Expenses to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, to the extent reasonably achievable, be at least equivalent definition thereof in quality to the original work. Lessee will not take or omit to take any action, the taking or omission of which might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseArticle 30).

Maintenance and Repairs. (a) LesseeLandlord shall not be required or obligated to make any changes, alterations, additions, improvements or repairs in, on or about the Development or any part thereof, during the Term; provided, however, that the City agrees that it will take the necessary actions to move the Xxxx of Arc statue to an alternative location other than the Casino Premises satisfactory to the City promptly after the 189 Execution Date in order to permit Tenant to satisfy its completion obligations under the GDA and existing conditional use ordinances. Tenant shall comply with the payment to assist City in the relocation of this statue as provided for in the conditional use ordinances. At all times during the Term, Tenant shall, at its sole cost and expense, will keep and maintain the Leased PropertyDevelopment, including, but not limited to, parks, grassy areas, driveways, curbs and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfacessidewalks, in good first class condition, order and repair, except (i) for ordinary wear and tear (whether and casualties excepted, and in conformity with all applicable statutes, ordinances and building codes and shall keep and maintain the entire Development and all landscaping and undeveloped areas thereon in a clean, sanitary, orderly and attractive condition, free from weeds, rubbish and debris. All repairs, alterations, replacements or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) additions to the extent Improvements shall be done in a first class manner. Tenant shall also adopt and maintain such standards of damage caused property maintenance and housekeeping as shall be reasonable and customary for similar operations or enterprises and shall use reasonable best efforts to enforce compliance by Lessor’s gross negligence or willful misconduct or that of its employees or agentsall Space Tenants with such standards. Tenant shall indemnify, anddefend and save harmless Landlord and the City against all actions, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary claims and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising damages by reason of a condition existing prior Tenant's failure to the commencement comply with any of the Term foregoing provisions. Tenant shall have the right and be 190 obligated to maintain the Development during the Term, with no abatement or reduction of this Lease rental obligations (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors provided in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usethis Lease).

Maintenance and Repairs. (a) Lessee11.1. Throughout the Term the Tenant shall, at its sole cost and expense, will take good care of the Demised Premises and of the Equipment, and keep the Leased Propertysame (regardless whether any portion of the Demised Premises or the Equipment has been retired, and all private roadwaystemporarily or permanently, sidewalks and curbs appurtenant thereto that are under Lessee’s controlfrom use in Tenant's operation of the business) in at least as good order, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order condition and repair, except (i) for ordinary wear and tear and obsolescence excepted, as the condition and repair in which the Demised Premises and the Equipment are delivered to Tenant by Landlord at the commencement of the Term, and shall make all necessary repairs, renewals, replacements and alterations thereto, interior and exterior (whether except to the extent that Landlord's consent to any exterior repair, renewal, replacement or alteration is withheld), structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen including, in respect of the Equipment, supplying all service and parts and other items required for operation and maintenance thereof; provided, however, that (except to the extent necessary to comply with the provisions of Article 13) Tenant shall make no repairs, renewals, replacements or alterations to the exterior surfaces or treatments of the Improvements without the consent of the Landlord, which may be withheld in the sole discretion of the Landlord. Except as expressly set forth in Section 9.2, Section 10.2 or in the next succeeding sentence, the Landlord shall not be required to make or pay for any repairs or alterations in or to the need Demised Premises or the Equipment, the Tenant hereby assuming the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and the Equipment during the Term. Landlord agrees that if repairs to any of the surfaces or treatments of the exterior of the Improvements are necessary, and such repairs occurred or restoration are not covered by the property insurance required to be maintained under Article 8, and to the extent that Tenant shows by demonstrable evidence that the sum of the insurance proceeds under the property insurance coverage required to be maintained under Article 8, together with the amount of the deductible allowed hereunder in respect of such coverage, would have been (if such repairs or restoration had resulted from events or occurrences that are or would have been covered under such insurance) insufficient to repair or restore the exterior surfaces and treatments of the Improvements to the condition in which such surfaces and treatments are required to be maintained hereunder as a result of Lessee’s use, any prior use, the elements scarcity or the age unique characteristics of the Leased Propertymaterials and/or labor required to be incorporated in such restoration or repair, and if Landlord nonetheless requires that such surfaces and treatments be so restored or any portion thereof) repaired, Landlord shall reimburse Tenant for the additional costs of such restoration or repair over the costs of the restoration and (ii) repair of such surfaces and treatments that would have been covered by the proceeds of such insurance together with such deductible amount had such repairs or restoration resulted from events or occurrences that would have been covered by such insurance. The necessity for and adequacy of repairs to the extent Improvements and the Equipment pursuant to this Article 11 shall be measured by the standards which are generally appropriate for equipment and improvements of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, andthe same kind and character used in the Business, except that Landlord may require that the surfaces and treatments constituting the exterior of the Improvements be maintained in substantially the same condition and configuration as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to at the commencement of the Term Term. Nothing contained in this Section 11.1 shall modify the provisions of this Lease (concealed or otherwise)Articles 42 through 45, or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Useinclusive.

Maintenance and Repairs. (a) Lessee, Lessee shall be responsible for all routine cleaning and daily care required at its sole expense, will keep the Leased PropertyPremises, and shall pay any and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware)costs related thereto. Certain predetermined utilities costs may be added to the monthly lease payment, and non-load bearing interior wallssaid costs shall be determined according to attached Appendix A. Except for capital repairs and replacements and maintenance of the boiler as set forth below, all other costs shall be the exclusive responsibility of the Lessee. The Premises shall at all times be maintained in a substantially similar aesthetic manner as exists on the date hereof, reasonable use and wear and damage by fire or other casualty or condemnation excepted, and parking lot surfacesin any event free of all debris and any graffiti. Lessee may make improvements, alterations, additions or installations (“Alterations”) and conduct testing in good order and repairor to the Premises with Lessor’s prior written consent, except which consent shall not be unreasonably withheld, delayed or conditioned. The foregoing notwithstanding, the Lessor hereby consents to: (i) for ordinary wear any cosmetic Alterations (such as painting, carpeting or wall papering) made from time to time by Lessee in and tear (whether or not to the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) Premises; and (ii) any Alterations made from time to time by Lessee in and to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary Premises which individually cost no more than Ten Thousand and appropriate repairs replacements, 00/100 Dollars ($10,000.00) and improvements thereto of every kind do not materially and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to adversely impact the structural elements of the Leased ImprovementsPremises. LesseeNotwithstanding anything to the contrary contained in this Lease, however, Lessee shall not be obligated to make any improvements to the Premises or to alter the Premises in any way from their condition at the commencement of the Lease. Lessor shall be permitted to prosecute claims against Lessor’s predecessors in title responsible for breach the costs and performance of any representation and all necessary or warranty required capital repairs or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. All repairs shall, replacements to the extent reasonably achievablePremises during the Term including all building systems, be at least equivalent in quality roof, skin and windows of the Premises. In addition, and notwithstanding anything to the original work. Lessee will not take or omit to take any actioncontrary contained herein, Lessor shall be responsible for the taking or omission of which might materially impair the value or the usefulness maintenance and repair of the Leased Property boiler system at the Premises, unless such maintenance is due to the negligence of Lessee or any part thereof for its Primary Intended Useparty claiming by, through or under Tenant.

Maintenance and Repairs. (a) LesseeSubject to Landlord’s obligations expressly set forth in this Lease, Tenant, at its sole expense, will shall maintain and keep the Leased Premises in good order and repair at all times during the Term, reasonable wear and tear, damage caused by fire or other casualty, damage caused by taking or damage caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors excepted. In addition, Tenant shall reimburse Landlord for the cost of any repairs to the Building necessitated by the acts or omissions of Tenant, its subtenants, assignees, invitees, employees, contractors and agents, to the extent Landlord is not reimbursed for such costs under its insurance policies. Subject to the preceding sentence, Landlord shall perform any maintenance or make any repairs to the Building as Landlord shall desire or deem necessary for the safety, operation or preservation of the Building, or as Landlord may be required or requested to do by any governmental authority or by the order or decree of any court or by any other proper authority. Landlord, throughout the Term, shall keep and maintain, or cause to be kept and maintained the structural components of the Building (including, without limitation, the roof and the roof membrane), all common areas of the Property, and all private roadwaysBuilding systems (excluding only those non-standard portions of Building systems which are (a) located within a tenant’s premises and (b) service only such tenant’s premises and (c) are required by the terms of such tenant’s lease to be maintained by such tenant) in a neat, sidewalks safe and curbs appurtenant thereto that are under Lessee’s controlorderly condition and shall make all necessary repairs thereto. Landlord shall also make all repairs, including windows replacements, additions, alterations and plate glass, mechanical, electrical and plumbing systems and equipment improvements to the Building (including conduit the Premises) and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age common areas of the Leased PropertyProperty which are required by any law, statute, code, ordinance, by-law, order, judgment, decree, rule or regulation of any portion thereof) and (ii) to governmental authority except such of the extent foregoing as are required because of damage caused a specific nongeneral business office use made of the Premises by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except Tenant hereunder. Except as otherwise provided in Subsection 9.1(b)this Lease, Article 14 or Article 15the cost of all such repairs, with reasonable promptness, make all necessary and appropriate repairs replacements, alterations, additions and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach borne by Landlord and shall be included as part of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended UseExpenses.

Maintenance and Repairs. (a) Lessee, at its sole expense, Mortgagor agrees that it will keep and maintain the Leased PropertyPremises in good order, repair and operating condition, free from any waste or use prohibited herein or by law, and will comply with all private roadwaysrequirements of law, sidewalks municipal ordinances and curbs appurtenant thereto regulations, restrictions and covenants affecting the Premises and their use, and will promptly repair or restore any buildings, improvements or structures now or hereafter on the Premises, which may become damaged or destroyed, to their condition prior to any such damage or destruction. Mortgagor further agrees that are under Lessee’s controlwithout the prior written consent of Mortgagee, it will not remove or expand any improvements on the Premises, erect any new improvements or make any material alterations in any improvements which will alter the basic structure, adversely affect the market value or change the existing architectural character of the Premises, and agrees that any other buildings, structures and improvements now or hereafter constructed on or in the Premises or repairs made to the Premises shall be completed in a good and workmanlike manner, in accordance with all applicable governmental laws, regulations, requirements and permits and in accordance with plans and specifications previously delivered to, and approved in advance and in writing by Mortgagee. Mortgagor agrees not to acquiesce in any rezoning classification, modification or restriction affecting the Premises without the written consent of Mortgagee. Mortgagor agrees that it will not abandon or vacate the Premises. Mortgagor agrees that it will maintain, clean and repair and all parking areas within the Premises, including windows but not limited to existing lighting, together with any sidewalks, driveways and plate glass, mechanical, electrical sufficient paved areas for ingress and plumbing systems egress to and equipment (including conduit from the adjacent public thoroughfare for the use thereof and ductware), and non-load bearing interior walls, and parking lot surfaces, in good order and repair, except (i) for ordinary wear and tear (whether or not the need for such repairs occurred as a result of Lessee’s use, any prior use, the elements or the age of the Leased Property, or any portion thereof) and (ii) to the extent of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agents, and, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make maintain all necessary and appropriate repairs replacements, and improvements thereto of every kind and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Uselandscaping thereon.

Maintenance and Repairs. (a) LesseeSubtenant acknowledges that certain equipment and mechanicals, at its sole expenseincluding but not limited to, will keep HVAC Equipment and related ductwork, power distribution units, ladder tray, cabling, grounding terminals, which are located in the Leased PropertyPremises or exclusively serving the Leased Premises are highly technical and imperative to the operation of the third (3rd) floor of the Building. Subtenant agrees that it shall not alter, amend, repair and/or replace of the equipment and/or mechanicals nor shall Subtenant contract for and/or hire any third party to alter, amend, repair and/or replace any of the equipment or mechanicals. Except as specifically provided herein, Subtenant shall maintain the interior of the Leased Premises and all fixtures, signs, and all private roadways, sidewalks and curbs appurtenant thereto that are under Lessee’s control, including windows and plate glass, mechanical, electrical and plumbing systems and equipment (including conduit and ductware), and non-load bearing interior walls, and parking lot surfaces, personal property therein in good order and condition of repair, except (i) for safety, cleanliness, and appearance, ordinary wear and tear excepted, and shall promptly make all repairs and replacements necessary or appropriate to so maintain the Leased Premises and such fixtures, signs, equipment, and personal property including without limitation repairs or replacements of plate glass, windows, doors, fixtures, equipment, furniture, and appliances. At the expiration or other termination of this Sublease, Subtenant shall surrender and deliver up the Leased Premises in good order and condition as it is (whether or not the need for such repairs occurred as a result shall be upon completion of Lessee’s use, any prior use, the elements or the age construction of the Subtenant Improvements), ordinary wear and tear and damage by fire or other casualty excepted. Subject to the reimbursement obligation of Subtenant under Section 4, above, Landlord shall maintain the Building (excluding the Leased Property, or any portion thereofPremises) and (ii) to Common Areas available for use by all tenants of the extent Building and their invitees on a non-exclusive basis in good order and condition of damage caused by Lessor’s gross negligence or willful misconduct or that of its employees or agentsrepair, andsafety, except as otherwise provided in Subsection 9.1(b), Article 14 or Article 15, with reasonable promptness, make all necessary and appropriate repairs replacementscleanliness, and improvements thereto of every kind appearance, ordinary wear and nature, whether interior or exterior ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term of this Lease (concealed or otherwise), or required by any governmental agency having jurisdiction over the Leased Property, except as to the structural elements of the Leased Improvements. Lessee, however, shall be permitted to prosecute claims against Lessor’s predecessors in title for breach of any representation or warranty or for any latent defects in the Leased Property to be maintained by Lessee unless Lessor is already diligently pursuing such a claim. 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 might materially impair the value or the usefulness of the Leased Property or any part thereof for its Primary Intended Usetear excepted.