Common use of Maintenance by Landlord Clause in Contracts

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of the following items, Landlord shall repair and maintain the following: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Building maintenance Systems serving the Premises (excluding any specialty systems installed by or for Tenant); the exterior glass of the Building and routine maintenance, painting, sealing, patching and waterproofing of such the care for the grounds around exterior walls of the Building, including but not limited tothe Parking Areas and pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas and all other elements of the Common Areas. Subject to the Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, shall repair and maintain the following: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grassthe Building (excluding any glass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof routine maintenance, exterior repainting painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord within thirty (30) days after demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall use reasonable efforts to report in writing to Landlord any defective condition known to it which Landlord is required to repair. In addition, Landlord shall perform and construct, at Landlord’s sole cost and expense, any repair, maintenance or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) improvement necessitated by the negligence or willful misconduct of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingLandlord or Landlord’s Agents.

Maintenance by Landlord. Tenant and its 10.1 Except for any repairs necessitated by Tenant's (or Tenant's employees, customers and licensees contractors, agents or invitees) negligence or intentionally wrongful acts (for which Tenant shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingsresponsible at its sole cost), Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, at its sole expense, (except to the extent includible in lieu of CAM Expenses as provided hereinabove) make all structural repairs to the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance Premises and the care for the grounds around the BuildingShopping Center, including but not limited toto all repairs to the slab, the mowing of grassfoundation, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleysload bearing walls, roof maintenanceand any other structural members. In addition, Landlord shall, at its expense (unless herein expressly set forth as Tenant's expense): (i) keep the roof of the Premises free of leaks; (ii) maintain the underground and otherwise concealed utilities located within the Common Areas and the exterior repainting surface of the outside walls of the Premises and common sewage line plumbingthe Shopping Center, excluding window glass, plate glass and doors (unless damage to such glass or doors is caused by a structural shift); provided(iii) keep in good order, howevercondition and repair the down spouts and gutters of the Premises and the Building of which the Premises is a part; and (iv) maintain all fire protection systems in the Common Areas. Notwithstanding any provision of this Lease to the contrary, that (a) in the event of an emergency or (b) in the event Landlord fails to commence any maintenance or repair of the Premises required under this Paragraph 10.1 within ten (10) business days after written notice from Tenant or fails to complete such maintenance and repair within thirty (30) days after such notice, (but if such repair reasonably requires longer than 30 days, then Landlord shall have such additional period of time provided Landlord's repair is being diligently and continuously prosecuted), then in either of such events Tenant shall have the right (but not the obligation) to require perform Landlord's maintenance and repair obligations under this Paragraph 10.1 , and Landlord shall reimburse Tenant for the reasonable out-of-pocket costs incurred by Tenant within thirty (30) days after Tenant submits a written invoice therefor. Notwithstanding the foregoing, Tenant shall reimburse Landlord Tenant's Building Proportionate Share of the cost to pay such other reasonable proportion of said mowing, shrub care (i) repair and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant maintain the roof of the Building can be clearly identified as being responsible for obstruction or stoppage of after the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent tenth (5%1Oth) of the Rent for each Lease Year, administrative excluding the gutters and accounting costsdown spouts, and a/5// reserve for asphalt(ii) the annual amortized cost of any roof replacements to the Building after the fifteenth (15th) Lease Year, such amortization to be based upon the useful life of the roof repairs and repainting(based on generally accepted accounting principles).

Maintenance by Landlord. Tenant and its employeesSubject to Article XI hereof, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of at all times throughout the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsTerm, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost maintain and expense of Building maintenance and the care for the grounds around the Buildingrepair, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed maintained and repaired, as would a prudent owner of a reasonably similar building, the structure of the Building including, without limitation, the foundations, exterior wall assemblies including weather walls, subfloor, roof, bearing walls, and structural columns and beams of the Building. The cost of such work. Such share maintenance and repairs (except for the cost of repairing and replacing any inherent structural defects or weaknesses) shall include be included in Section 6.02(b)(viii) or shall be depreciated or amortized pursuant to Section 6.02(b)(ix) hereof, unless the Landlord is required, due to the business carried on by the Tenant, to perform such maintenance or make such repairs by reason of the application of laws or ordinances or the direction, rules or regulations of any duly constituted regulatory body, or by reason of any act, omission to act, neglect or default of the Tenant, or those for whom the Tenant is in law responsible, in which event the Tenant shall be liable and responsible for the total cost of any such maintenance and repairs plus a management fee sum equal to five fifteen percent (515%) of the total cost of such repairs representing the Landlord's overhead, which shall immediately become due and payable to the Landlord as Additional Rent upon demand. Notwithstanding the Landlord's obligations contained in this Section 10.03, the Tenant shall be liable and responsible for each Lease Yearthe cost of any maintenance and repairs required to be made by the Landlord and which result from any of the circumstances referred to in the immediately preceding sentence plus a sum equal to fifteen per cent (15%) of the total cost of the foregoing representing the Landlord's overhead. If the Tenant refuses or neglects to carry out any maintenance, administrative repairs and accounting costsreplacements properly as required pursuant to Section 10.01 hereof, and a/5// reserve for asphaltto the reasonable satisfaction of the Landlord, roof the Landlord may, but shall not be obliged to, perform such maintenance, repairs and repaintingreplacements without being liable for any loss or damage that may result to the Tenant's merchandise, fixtures or other property or to the Tenant's business by reason thereof, and upon completion thereof, the Tenant shall pay to the Landlord the Landlord's costs relating to any such maintenance, repairs and replacements plus a sum equal to fifteen percent (15%) thereof representing the Landlord's overhead, as Additional Rent upon demand. If any elevator servicing the Building or any of the boilers, engines, pipes, climate control equipment or other apparatus or any of them used for the purpose of climate control or operating any elevator, or if the water pipes, drainage pipes, electrical, lighting or other equipment servicing the Building are damaged or destroyed or get out of repair, the Landlord shall have a reasonable time in which to make such repairs or replacements as may be reasonably required for the resumption of services to the Premises which the Landlord has by this Lease expressly agreed to provide and the Tenant is not entitled to any compensation or damages therefor, but if any such equipment, facilities or systems servicing the Building or elevators become impaired, damaged or destroyed in the circumstances referred to in Section 10.06, the Tenant shall be responsible for the cost of repairing, restoring or making good such damage in accordance with the provisions of Section 10.06.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof, including all roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Areas. Subject to the provisions of Paragraphs 21 and 22, roof maintenanceLandlord shall, at Landlord's sole cost and expense, maintain the structural integrity of the exterior repainting walls, the foundation, and common sewage line plumbingthe structural components of the roof, including any necessary repairs and/or replacements; provided, however, that any repairs or replacements which are required as a result of the negligence or willful misconduct of Tenant, its Agents or contractors, or as a result of Tenant's installation of any additional HVAC equipment or other equipment on the roof of the Building, shall be made at Tenant's expense. Landlord shall have not be required to repair any damage caused by, or maintain any conditions arising from, the right to require Tenant to pay such other reasonable proportion negligence or willful misconduct of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsibleits agents, employees, contractors or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentinvitees. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demandany defective condition known to Tenant that Landlord is required to repair. All work by and for Landlord shall be performed during normal working hours and not on weekends, as Additional Rentholidays, for or after normal working hours at overtime, holiday, or premium pay. Notwithstanding anything to the amount of its share of such costs contrary in this Lease, Landlord shall perform and expenses in the event Landlord elects construct, and Tenant shall have no responsibility to perform or cause construct, any repair, maintenance or improvements necessitated by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything to be performed such work. Such share the contrary herein, Landlord, at Tenant's request, shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof perform all repairs and repaintingreplacements that constitute Capital Expenditures (as defined in Paragraph 4(b)(5) above), provided that Tenant shall pay for the cost thereof to the extent such costs are properly included in Costs pursuant to the provisions of Paragraphs 4(b)(3), 4(b)(4) and 4(c)"1".

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) aboveProportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the care for following items: the grounds around roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building, including but not limited toexcluding the plumbing and electrical systems exclusively serving the Premises; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord's obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to maintain, repair and replace, as necessary, the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Areas. Subject to the provisions of Paragraphs 21 and 22, roof maintenanceLandlord shall, at Landlord’s sole cost and expense, maintain the structural integrity of the exterior repainting walls, the foundation, and common sewage line plumbingthe structural components of the roof, including any necessary repairs and/or replacements; provided, however, that, subject to the provisions of paragraph 16, any repairs or replacements which are required as a result of the negligence or willful misconduct of Tenant, its Agents or contractors, or as a result of Tenant’s installation of any additional HVAC equipment or other equipment on the roof of the Building, shall be made at Tenant’s expense. Neither Landlord nor Tenant shall be obligated to repair any minor settlement cracks on walls or floor of the Premises and neither Landlord nor Tenant shall be responsible for minor leaking of any walls of the Building due to any minor settlement cracks or any porosity resulting therefrom. Subject to the provisions of paragraph 21, Landlord shall not be required to repair or maintain conditions due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Yearduring normal working hours and not on weekends, administrative and accounting costsholidays, and a/5// reserve for asphaltor after normal working hours at overtime, roof repairs and repaintingholiday, or premium pay.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain in good condition and repair the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Landlord, at Landlord’s sole cost, shall repair and its employeesreplace (upon such items reaching the end of their useful life (if applicable)), customers the foundation, footings, outer walls, load-bearing walls, roof (both as to structural and licensees shall have watertight integrity), vaults, risers, utility systems (to the non-exclusive right to use point of delivery on each floor), and sewer lateral on the Premises, and the asphalt surface of the parking areaslot (excluding routine pot hole filling and crack sealing) located on the Land (collectively, if any“Landlord’s Structural Items”), except to the extent such repairs or replacements are necessitated by the negligence of Tenant or Tenant’s Agents (in which case, Tenant will pay for the proportion of the cost arising from such negligence and Landlord will pay for the remainder). Upon such items reaching the end of their useful life or requiring major repairs (i.e., the repair of any single component, or series of related components, that exceeds $15,000, which amount shall not include routine maintenance items), Landlord, at Landlord’s sole cost, shall replace or repair, as may applicable, the HVAC system, elevator system, back-up generators and batteries, drainage systems, exterior downspouts, and exterior gutters (collectively, “Landlord’s Major System Items” and, together with Landlord’s Structural Items, “Landlord’s Maintenance Items”). Notwithstanding the preceding sentence, Tenant shall perform, or cause to be designated by Landlord performed, routine maintenance of Landlord’s Major System Items in writingaccordance with Section 9.02. This Section 9.01 shall not apply to damage resulting from a Taking (as to which ARTICLE 14 shall apply), subject or damage resulting from a casualty (as to such reasonable rules and regulations which ARTICLE 15 shall apply), or to damage for which Tenant is otherwise responsible under this Lease. If, as Landlord may from time a result of any change to time prescribe. FurtherLegal Requirements during the Term, in multiple occupancy buildingsany governmental authority requires any repairs, improvements or alterations to be made to Landlord’s Maintenance Items, Landlord shall promptly make and pay for such repairs, improvements and alterations. If Landlord fails to satisfy its obligations under this Section within thirty (30) days of receiving written notice from Tenant, then Tenant may perform the roof, pavingon behalf of Landlord, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise all of Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, ’s reasonable costs incurred shall be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsolely borne by Landlord; provided, however, that if such obligations cannot be satisfied within such thirty (30) day period, Landlord shall have not be in default and Tenant shall not be allowed to perform on behalf of Landlord so long as Landlord commences action to satisfy its obligations under this Section within such thirty (30) day period and thereafter diligently prosecutes such action to completion; provided, further, that such period shall not be extended beyond sixty (60) days. Except as specifically provided above, Landlord shall not be called upon to make any improvements or repairs in or upon the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant Premises or any other particular tenant of the Building can during the Term, it being the intention that this Lease shall be clearly identified what is commonly referred to as a “triple net lease,” Tenant being responsible for obstruction or stoppage all maintenance and repair expenses of the common sanitary sewage line then Tenantevery kind and nature, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, except as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingotherwise provided herein.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate ’s share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items (other than the Structural Items (as defined below) for which Landlord shall be solely liable and with respect to which no Additional Rent shall be paid by Tenant), Landlord agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings), the floor slabs, and the care for exterior walls (including any glass therein and including the grounds around painting thereof) of the Building; the utility and plumbing systems (including fountain and sewer lines), including but not limited to, fixtures and equipment located outside the mowing of grass, care of shrubs, general landscaping, maintenance of Building; and the parking areas, driveways landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and alleyslighting systems in the Outside Area. Subject to the provisions of Paragraphs 21 and 22, Landlord shall maintain, repair, or replace for structural integrity the load bearing part of exterior walls, the foundation, and the structural components of the roof maintenance(collectively, exterior repainting the “Structural Items”) (providing that Tenant installs no additional air conditioning or other equipment on the roof that damages these components). Notwithstanding the foregoing or anything to the contrary contained herein, Landlord shall be solely responsible for the cost of maintaining, repairing and common sewage line plumbing; providedreplacing the Structural Items and the cost thereof shall not be included as a Maintenance and Repair Cost or otherwise paid by Tenant as Additional Rent hereunder. Landlord shall not be obligated to repair minor settlement cracks on walls or floor of the Premises. Landlord shall not be responsible for minor leaking of any walls of the Building due to minor settlement cracks or porosity due thereto or as a result of porosity thereof. Landlord shall not be required to repair or maintain conditions due to any act, howevernegligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include during normal working hours and not on weekends, holidays, or after normal working hours at overtime, holiday, or premium pay unless Tenant agrees to pay any overtime or additional costs incurred as a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingresult thereof.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) aboveProportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the care for Building; and the grounds around Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the BuildingCommon Areas. Subject to the provisions of Paragraphs 13(a), including but not limited to21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith; provided, further that if any of said costs are covered by any policy of insurance maintained by Landlord pursuant to be performed Paragraph 14 below, then Landlord shall submit a claim under the applicable policy and shall, solely to the extent of proceeds actually received by Landlord under such work. Such share shall include a management fee equal to five percent (5%) of the Rent policy, reimburse Tenant for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.the

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right Landlord covenants to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform maintain or cause to be performed maintained only the foundations, roof and exterior demising walls of the Premises, and the structural soundness of the Premises and to maintain the concrete floors and exterior and demising walls thereof and, the Common Areas in good order, repair and condition. Landlord shall not be required to commence any such workrepair until ten (10) days after receipt of written notice from Tenant that the same is necessary unless an emergency exists, The provisions of this paragraph shall not apply in the case of damage or destruction by fire or other casualty or a taking under the power of eminent domain, in which events the obligations of the Landlord shall be controlled by the Articles of this Lease dealing therewith. Such share Landlord shall include a management fee equal not be liable for any damage caused by Landlord’s failure to five repair unless and until Landlord has had reasonable opportunity to perform such repair after receipt of written notice from Tenant as to the need for such repair. If Landlord is required to make repairs to the Premises by reason of Tenant’s acts, omissions or negligence or if Tenant refuses or neglects to repair as required hereunder to the reasonable satisfaction of Landlord, Landlord may make such repairs without liability to Tenant for any loss or damage that may occur to Tenant’s merchandise, fixtures or other property or to I Tenant’s business by reason thereof. Tenant shall be obligated forthwith upon demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all expenses paid and/or incurred by Landlord in making such repairs, plus eight percent (58%) of such expenses for overhead and supervision, plus also Interest on the Rent for each aggregate sum owing by 1 enant to Landlord as aforesaid from the date of payment at the rate set forth in section 3.06 hereof. RM:6995119:7 Village Center Lease YearAgreement Initials: L: , administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.T:

Maintenance by Landlord. Tenant Landlord shall maintain, repair and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, replace (as may be designated by necessary) the structure and the mechanical systems of the Building and the Premises excluding any mechanical and utility systems which are Tenant’s obligation per Section 8B below, and shall be responsible for structural repairs to the roof, exterior walls, structural columns and structural floors which collectively enclose the Premises (excluding, however, all doors, door frames and any glass therein); provided (i) Tenant shall give Landlord in writing, subject to written notice of the necessity for such reasonable rules repairs and regulations as Landlord may from time to time prescribe. Further(ii) the necessity for such repairs shall not have arisen, in multiple occupancy buildingswhole or in part, from the negligence or willful acts or omissions of Tenant, its agents, concessionaires, officers, employees, licensees, invitees or contractors (“Tenant Parties”), or from any breach of this Lease by Tenant. To the extent that Landlord is required to perform any work as set forth in the foregoing sentence, said costs shall be included in Tenant’s Operating Expenses. In addition, Landlord shall perform be responsible to maintain the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu areas of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the BuildingProperty, including but not limited to, the mowing of grasscleaning, care of shrubs, general landscaping, maintenance of parking shoveling and plowing the common areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord included in Tenant’s Operating Expenses. Tenant shall have the right to require Tenant to pay such other reasonable proportion of said mowingcontract directly with cleaning services and trash removal for the Premises, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along services are performed in a manner reasonably commensurate with the Building, in labor harmony with other service providers in the Building, and in manner so as not to interfere with other tenants of the Building Building. In the event that Tenant does not elect to hire its own cleaning services and trash removal for the Premises, Landlord upon demand, shall provide nightly cleaning and trash removal for the Premises at Tenant’s sole cost and expense as Additional Rent. The foregoing services, whether performed by Tenant’s service or provided by Landlord, shall be in accordance with prevailing standards for buildings similar to the amount of its share of such costs and expenses Building in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease YearNew Haven, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingCT.

Maintenance by Landlord. Subject to the provisions of Paragraphs 21 and 22, Landlord shall, at Landlord’s sole cost and expense, maintain the structural integrity of the exterior walls, load-bearing walls, foundation, and roof of the Building, including any necessary repairs and replacements (provided, however, that Tenant shall be responsible for the cost of repairing any damage to that roof that is caused by Tenant’s installation of any HVAC or other equipment on the roof). Subject to the provisions of Paragraphs 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its ’s respective proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord shall repair and maintain the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; coverings (provided, however, that Tenant shall be responsible for the cost of repairing any damage to that roof coverings that is caused by Tenant’s installation of any HVAC or other equipment on the roof), the floor slabs, and the exterior walls of the Building (including any glass therein and including the painting thereof); the utility and plumbing systems (including fountain and sewer lines), fixtures and equipment located outside the Building; and the parking areas, landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and lighting systems in the Outside Areas. Landlord’s obligation to maintain the exterior walls of the Building shall include maintaining the Premises in a weather-tight condition. Landlord shall not, however, be obligated to repair minor settlement cracks in the walls or floors of the Premises. Landlord shall not be required to repair or maintain conditions due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord’s obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant received written notice of the Building can be clearly identified as being responsible need for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentrepairs and maintenance. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building promptly report in writing to Landlord upon demand, as Additional Rent, any defective condition known to Tenant that Landlord is required to repair. All work by and for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to shall be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Yearduring normal working hours and not on weekends, administrative and accounting costsholidays, and a/5// reserve for asphaltor after normal working hours at overtime, roof repairs and repaintingholiday, or premium pay.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have further subject to Tenant's obligation under Paragraph 4 to reimburse Landlord, in the non-exclusive right to use form of Additional Rent, for Tenant's Proportionate Share of the parking areas, if anyProject and the Building, as may be designated by Landlord in writingapplicable, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the care for following items: exterior glass, windows, window frames and casements, exterior doors and door frames and door closers; the grounds around roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building, including but not limited toexcluding the heating, ventilating and air conditioning, plumbing, electrical and life safety systems exclusively serving the Premises; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord's obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have Notwithstanding anything to the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingscontrary contained herein, Landlord shall perform shall, at its cost and expense, make any repairs to or replacements of the roof, pavingfoundations, exterior walls and other structural components of the Premises, and landscape maintenance, exterior painting improvements to and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu alterations of the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsPremises required by Legal Requirements, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) if the useful life of the cost and expense portion of Building maintenance and the care for Premises so repaired, replaced, improved or altered would extend beyond the grounds around initial Lease Term or the Buildingthen current extension term, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord in such case Tenant shall pay that portion of such cost and expense which bears the same ratio to the total of such cost and expense as the number of years (including any partial year) remaining in the Lease Term, as it may have been extended, bears to the right to require Tenant to pay such other reasonable proportion number of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant years of the Building can be clearly identified as being responsible for obstruction or stoppage useful life of the common sanitary sewage line then portion of the Premises in question. The portion of such cost and expense to be paid by Tenant shall be paid, at Tenant's option, if either in full within thirty (30) days after Tenant's receipt of an invoice therefor from Landlord, together with such supporting documentation as Tenant is responsiblemay reasonably request, or in equal monthly installments payable at the same time as monthly installments of Fixed Rent are payable, commencing on the first day of the first full month following the date thirty (30) days after Tenant's receipt of such other responsible tenantinvoice, shall pay in an amount sufficient to fully amortize Tenant's portion of such cost and expense, together with interest thereon at the entire cost thereofrate of twelve and one-half percent (12 1/2%) per annum, upon demandover the number of months then remaining in the Lease Term, as additional rentit may have been previously extended. In the further event that Tenant shall pay/4// when due its sharethereafter exercises an extension option, determined as aforesaid, Tenant's portion of such costs cost and expenses along expense shall be increased in accordance with the other tenants of the Building to Landlord upon demandformula set forth above and shall be payable, at Tenant's option, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingprovided above.

Maintenance by Landlord. Tenant This Lease is intended to be a net lease. Subject to Section 6 above and its employees, customers Sections 10 and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings11 below, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, at Landlord’s sole cost, repair any latent defects in lieu of Landlord’s Work; the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsforegoing obligation shall not at any time ever include any TI Work, be liable for its proportionate share Tenant’s Work (as defined in Subsection 2.2.1(b) above) Section 3 of the Work Letter), or Alterations, except in the event any defects in the original construction of the Building or Landlord’s Work caused the necessity for repairs. In addition, Landlord shall maintain, repair and replace (as needed), as part of Operating Expenses, only the following elements of the Project including the Premises, except to the extent maintained by an owners’ association: (i) the Building Structure; (ii) the Building Systems which do not exclusively serve the Premises or another tenant’s premises; and (iii) the Common Areas outside the Premises, including landscaping and parking areas but not including the maintenance and repair of electrical vehicle charging stations which shall be Tenant’s responsibility pursuant to Section 8.2 below. Notwithstanding the foregoing, subject to Section 9.5 below, maintenance, repairs and/or replacements necessitated in any material respect by any breach by Tenant or any negligent act or omission of Tenant or Tenant’s agents, employees or contractors, shall be performed at Tenant’s cost and expense expense. Landlord’s obligations hereunder shall not include windows, glass or plate glass, doors or overhead doors, dock bumpers, dock plates or levelers, or office entries, all of Building maintenance and the care for the grounds around the Buildingwhich shall be maintained by Tenant. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 8.1, including but after which Landlord shall have a reasonable opportunity to repair such item, not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingto exceed thirty (30) days; provided, however, that if such repair is reasonably expected to take longer than thirty (30) days, Landlord shall be deemed to have complied with its obligations hereunder so long as it commences the repair within such thirty (30)-day period and diligently and continuously prosecutes such repair to completion. Tenant hereby waives the benefit of California Civil Code Sections 1941 and 1942, and any other statute providing a right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof make repairs and repaintingdeduct the cost thereof from the Rent.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b2.2.1 (b) above) of the cost and expense of Building maintenance and the tn care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// pay/4/ when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// a/5/ reserve for asphalt, roof repairs and repainting.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 14(a), 22 and its employees23, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the care for following items: the grounds around roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building, including but not limited toexcluding the plumbing and electrical systems exclusively serving the Premises; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 14(a), 22 and 23, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 14 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 12(a), 20 and its employees21, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Proportionate Share of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof, including the structural components thereof and the care for roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the grounds around roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the foundation, the footings, the floor slab, and the load bearing walls and exterior walls of the Building; the Systems serving the Premises and the Building (provided, that Tenant acknowledges that Landlord shall have no obligation to repair, maintain or replace the Server Room HVAC Unit); and the walkways and lighting systems in the Common Areas. Notwithstanding anything in this Paragraph 12 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises and/or the Building caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises and/or the Building, including but not limited toas applicable, to the mowing condition existing prior to the occurrence of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsuch damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have Subject to the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) provisions of Section 7.1 above, and Tenant shallfurther subject to Tenant's obligation under Article 4 to reimburse Landlord, in lieu the form of the obligations set forth under Subsection 2.2.2(a) above with respect to such itemsAdditional Rent, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the following items: fire protection and life/safety systems and services; the roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); exterior painting of the Premises; exterior window cleaning; exterior lighting adjacent to the Premises; and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, pavement, landscaping, sprinkler systems, sidewalks, driveways and alleyscurbs. Notwithstanding anything in this Article 7 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such other reasonable proportion repair any damage to any portion of said mowingthe Premises caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any other particular tenant of Tenant Representatives and to restore the Building can be clearly identified as being responsible for obstruction or stoppage of Premises to the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay condition existing prior to the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphaltany liability incurred by Landlord by reason of such condition, roof repairs and repaintingto the extent such liability is due to Tenant's failure to so report such defect.

Maintenance by Landlord. Subject to the provisions of Paragraphs 13(a), 21 and 22, and further subject to Tenant’s obligation under Paragraph 4 to reimburse Landlord, in the form of Additional Rent, Landlord, as a part of Operating Expenses, agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the Building; and the Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the Common Areas. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its employeesown cost and expense and not as a part of Operating Expenses, customers agrees to repair and licensees maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the foundation, the footings, the floor slab, and the load bearing walls and exterior walls of the Building (excluding any glass and any routine maintenance, including, without limitation, any painting, sealing, patching and waterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject either repair or to such reasonable rules and regulations as Landlord may from time require Tenant to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu repair any damage to any portion of the obligations set forth under Subsection 2.2.2(a) above with respect Premises and/or the Building caused by or created due to such itemsany act, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the cost and expense of Building maintenance and the care for the grounds around Premises and/or the Building, including but not limited toas applicable, to the mowing condition existing prior to the occurrence of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsuch damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant During the Lease Term, Landlord shall, except as otherwise provided in this Lease, make all necessary repairs, replacements and maintenance to the roof, exterior walls (excluding painting), foundation, concrete floor, structural frame and structural systems of the Building (collectively, the “Structural Elements”), and the parking and landscaped areas. The cost of such repairs, replacements and maintenance shall be included in Operating Expenses to the extent provided in Section 5; provided however, to the extent any such repairs, replacements or maintenance are required because of the negligence, misuse or default of Tenant, its employees, agents, contractors, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingsor invitees, Landlord shall perform the roofmake such repairs at Tenant’s sole expense. Except as expressly provided in this Section 9(a), paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have no other maintenance or repair responsibilities for the right Leased Premises or the Building. Notwithstanding the foregoing and anything herein to require Tenant to pay such other reasonable proportion the contrary, in no event shall Landlord be responsible for making any repairs or replacements which are occasioned by: (i) any negligence, intentional act, or willful misconduct of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or its employees, contractors, or agents; (ii) Tenant’s failure to observe or perform any term, condition, or covenant of this Lease to be observed or performed by Tenant; (iii) installation or maintenance by Tenant of any exterior signs, satellite dishes, antennae, communications facilities, or equipment, lines, or cable; (iv) installation or maintenance by Tenant of any trade fixtures, equipment, or other particular tenant personal property; (v) Tenant making any alterations or improvements to the Leased Premises; all of which repairs and replacements shall be made promptly by Tenant at its cost and expense; or (vi) overloading of the floor of the Building can be clearly identified as being responsible for obstruction or stoppage beyond its structurally rated capacity. The specification of the common sanitary sewage line then Tenant, if Tenant floor slab for the Building is responsible, 400 pounds per square foot live load. In the event any repairs or such other responsible tenant, shall pay the entire cost thereof, upon demand, replacements are necessary as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, a result of such costs and expenses along with the other tenants any of the Building foregoing, Landlord may elect to Landlord upon demand, as Additional Rent, for the amount of its share of complete such costs repairs at Tenant’s sole cost and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingexpense.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord shall repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Parking Area and pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems adjacent to the Building. Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the foundation, the footings, the floor slab, and the care for load bearing walls and exterior walls of the grounds around Building (excluding any glass and any routine maintenance, including, without limitation, any painting, sealing, patching and waterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the Buildingcontrary, including but not limited toLandlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the mowing Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of grassTenant or Tenant’s Agents and to restore the Premises, care the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbingsuch damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord’s obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. In the event the Premises constitute a portion of a multiple occupancy building, Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting painting, (8) and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; (9) and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rentAdditional Rent. Tenant shall pay/4// pay when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%10) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting,.

Maintenance by Landlord. Tenant Landlord will keep and maintain in good condition and repair the structural components of the Building and the Building systems, including the roof, foundation, electrical, plumbing, HVAC, mechanical, and fire and life safety systems in the Building (with respect to utilities, up to the point of entry to the Premises), exterior windows and Common Areas, and all costs incurred by Landlord in making any such repairs or maintenance will be, to the extent permitted under the definition of Operating Costs under this Lease, reimbursable to Landlord as Operating Costs of the Building. Notwithstanding the foregoing, the cost of performing any such maintenance and repairs as may be required by reason of the acts of Tenant, its employees, customers agents, invitees, licensees and licensees shall contractors, will be paid by Tenant, at its sole expense. When used in this paragraph, the term “repairs” will include replacements or renewals when necessary, and all such “repairs”, whether made by Landlord or Tenant, will be made by a qualified contractor and will be equal in quality and class to the original work. Landlord will have no obligation to perform any act that is the non-obligation of Tenant or any other tenant in the Building. Other than as specifically provided in this Section, Landlord will not be obligated to make any repairs or improvements of any kind, in, upon, about or to the Premises or the Building. Tenant will, upon the discovery of any defect in or injury to the Building, or any need of repairs thereto, promptly report the same to Landlord in writing specifying such defect, injury or need of repair Landlord reserves the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Furtherto install, use, maintain, repair, replace and relocate pipes, ducts, conduits, cables, wires, vents and appurtenant fixtures, to and through the Premises and to alter or relocate any other facility in multiple occupancy buildings, the Building as Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care deems reasonably necessary or appropriate for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, proper operation and maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage (including the servicing of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsBuilding), and a/5// reserve for asphaltreserves the right at all times to transmit water, roof repairs heat, air-conditioning, electronic signals and repaintingelectric current through such pipes, ducts, conduits, cables, plumbing, vents and wires, provided the same does not unreasonably interfere with Tenant’s use or occupancy of and access to the Premises or parking.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain in a reasonable condition and repair the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.cost

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant's obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) aboveProportionate Share(s) of the cost and expense of Building maintenance the following items, Landlord agrees to repair and maintain the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Systems serving the Premises and the care for Building; and the grounds around Parking Areas, pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the BuildingCommon Areas. Subject to the provisions of Paragraphs 13(a), including but not limited to21 and 22, Landlord, at its own cost and expense, agrees to repair and maintain the following items: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways the Building (excluding any glass and alleys, roof any routine maintenance, exterior repainting including, without limitation, any painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Landlord shall perform its obligations hereunder in an manner consistent with that employed by owners of comparable office buildings in the vicinity of the Project. Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant's Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Landlord's obligation hereunder to be performed such work. Such share repair and maintain is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs and accounting costsmaintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and a/5// reserve failure to so report such defects shall make Tenant responsible to Landlord for asphaltany liability incurred by Landlord by reason of such condition. Landlord shall not be liable to Tenant for failure to perform any such maintenance, roof repairs or replacements, unless Landlord shall fail to make such maintenance, repairs or replacements and repaintingsuch failure shall continue for an unreasonable time following written notice from Tenant to Landlord of the need therefor. Without limiting the foregoing, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1932(1), 1941, and 1942 and any successive sections or statutes of a similar nature).

Maintenance by Landlord. During the Lease Term, Landlord, at its cost and expense (and not to be charged back to Tenant as Additional Rent), shall provide all necessary repairs and replacements to the structural elements of the Building and the Improvements including, and limited to the foundation, exterior and load-bearing walls (excluding painting), the floor slab, the roof structure and membrane of the Building, subsurface and sub-slab utilities (collectively, the “Structural Elements”), other than routine maintenance and upkeep of such Structural Elements; provided that Landlord shall not be responsible for making any repairs or replacements which are occasioned by: (i) any negligence, intentional act, or willful misconduct of Tenant or its employees, customers contractors, or agents; (ii) Tenant’s failure to observe or perform any term, condition, or covenant of this Lease to be observed or performed by Tenant; (iii) installation or maintenance by Tenant of any exterior signs, satellite dishes, antennae, communications facilities, or equipment, lines, or cable; (iv) installation or maintenance by Tenant of any trade fixtures, equipment, or other personal property; (v) Tenant making any alterations or improvements to the Leased Premises; all of which repairs and licensees replacements shall have be made promptly by Tenant at its cost and expense; or (vi) overloading of the non-exclusive right floor of the Building beyond its structurally rated capacity. In addition to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildingsforegoing, Landlord shall perform represents, warrants and covenants that the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share Building Systems (as defined below) installed pursuant to the Landlord’s Work shall be guaranteed against defects in Subsection 2.2.1(bmaterials or workmanship by Landlord for one (1) above) of year from the Substantial Completion Date (the “One Year Building Systems Warranty”). Landlord agrees to provide, at its cost and expense of Building maintenance (and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require be charged back to Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent), for the amount of its share all materials and labor necessary to cure any breach of such costs and expenses in One Year Building Systems Warranty so long as Landlord is provided written notice of such breach prior to the event Landlord elects to perform or cause to be performed expiration of such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingOne Year Building Systems Warranty.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) ’s Share of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); the plumbing and mechanical systems serving the Building, including but not limited toexcluding the plumbing, mechanical and electrical systems exclusively serving the mowing Premises, any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Building; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such repair any damage to any portion of the Premises and any other reasonable proportion portion of said mowingthe Project caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any of Tenant Representatives and to restore the Premises and the other particular tenant affected portions of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demandProject, as additional rent. Tenant shall pay/4// when due its shareapplicable, determined as aforesaid, to the condition existing prior to the occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all reasonable costs and expenses incurred by landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintingit which Landlord is required to repair.

Maintenance by Landlord. Tenant Subject to the provisions of Section 11.1, and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Section 6 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance the following described items, Landlord agrees to repair and maintain the care for following items: fire protection services; the grounds around roof and roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs relating to the presence of such additional equipment); painting the exterior surfaces of the Building, including but not limited to, the mowing plumbing and mechanical systems serving the Premises; any rail spur and rail crossing; exterior painting of grass, care of shrubs, general landscaping, maintenance of the Premises; and the parking areas, driveways pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and alleyslighting systems in the Common Areas. Notwithstanding anything in this Section 11 to the contrary, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to either repair or to require Tenant to pay such other reasonable proportion repair any damage to any portion of said mowingthe Premises caused by or created due to any act, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if omission, negligence or willful misconduct of Tenant or any other particular tenant of Tenant Representatives and to restore the Building can be clearly identified as being responsible for obstruction or stoppage of Premises to the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay condition existing prior to the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, occurrence of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event damage. If Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report, in writing, to be performed such work. Such share shall include a management fee equal Landlord any defective condition known to five percent (5%) of the Rent for each Lease Year, administrative and accounting costsit which Landlord is required to repair, and a/5// reserve failure to so report any such defect shall make Tenant responsible to Landlord for asphalt, roof repairs and repaintingany liability incurred by Landlord by reason of such condition.

Maintenance by Landlord. Tenant Subject to the provisions of Paragraphs 13(a), 21 and its employees22, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, further subject to such reasonable rules and regulations as Landlord may from time Tenant’s obligation under Paragraph 4 to time prescribe. Furtherreimburse Landlord, in multiple occupancy buildingsthe form of Additional Rent, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise for Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above’s Proportionate Share(s) of the cost and expense of the following items, Landlord shall repair and maintain the following to a level that is at least commensurate with such maintenance performed at Comparable Buildings: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Building maintenance Systems serving the Premises (excluding any specialty systems installed by or for Tenant) and the care for Building; the grounds around Parking Areas and pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems in the BuildingCommon Areas. Subject to the Paragraphs 13(a), including but not limited to21 and 22, Landlord, at its own cost and expense, shall repair and maintain the following: the structural portions of the roof (specifically excluding the roof coverings), the mowing foundation, the footings, the floor slab, and the load bearing walls and exterior walls of grassthe Building (excluding any glass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof routine maintenance, exterior repainting painting, sealing, patching and common sewage line plumbingwaterproofing of such walls). Notwithstanding anything in this Paragraph 13 to the contrary, and subject to advance written notice to Tenant prior to Tenant commencing such repair, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause such repair and restoration work, Tenant shall reimburse Landlord within ten (10) business days after demand for all reasonable costs and expenses incurred by Landlord in connection therewith. Tenant shall promptly report in writing to be performed such workLandlord any defective condition known to it which Landlord is required to repair under the terms hereof. Such share Landlord’s obligation hereunder to perform any repairs Landlord is obligated to perform hereunder is subject to the condition precedent that Landlord shall include a management fee equal to five percent (5%) have received written notice of the Rent need for each Lease Year, administrative such repairs from Tenant and accounting costs, and a/5// reserve for asphalt, roof repairs and repaintinga reasonable time to perform such repair.