Common use of Maintenance Repairs and Alterations Clause in Contracts

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Maintenance Repairs and Alterations. A. Except a. At its expense Lessee shall maintain, operate, repair and make all modifications to the extent such obligations are imposed upon Landlord hereunderEquipment in accordance with good industry practice, Tenant shallmanufacturer's warranty requirements and specifications and Lessee's established operation, at its sole cost and expense, maintain the Premises in good order, condition maintenance and repair throughout the entire Lease Termprograms, ordinary wear and tear excepted. Tenant agrees without discrimination as to leased equipment, so as to keep the areas visible from outside the Premises Equipment in good working order, and so as to comply with all applicable laws, regulations or governmental actions and so as not to incur liability (whether or not there is a neatlack of compliance) under any environmental law or otherwise account for any release of, clean and attractive condition at all times. Tenant shallor exposure to, within thirty (30) days after Landlord’s any hazardous material. b. Without Lessor's prior written demand thereforconsent, reimburse Landlord for the cost of all repairsLessee shall make no alterations, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and modifications or attachments to the PremisesEquipment which impair the economic value, Building economic and Property and the facilities and systems thereofuseful life, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy functional utility of the PremisesEquipment. i. All alterations, (2) modifications and attachments made to the installationEquipment must be removed without damaging the functional capabilities or economic value of the Equipment upon the termination of the Lease. If not so removed, removalthey shall automatically become Lessor's property and become part of the Equipment. ii. Under no circumstances shall any such alteration, use modification or attachment be subject to third party financing or encumbered by Lessee or result in the creation of a mechanic's or materialman's lien, excepting as may arise by operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteeslaw pending payment within ordinary business terms. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building▇. However, Landlord’s consent ▇▇▇▇▇▇ shall not be required for to maintain, repair or replace the Equipment or part thereto and Lessee hereby waives the right, however arising, to i. require Lessor to maintain, repair or replace any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is Equipment or part thereto, or ii. make repairs at Lessor's expense pursuant to any applicable law. d. Notwithstanding the foregoing or any other provision of a cosmetic nature such as painting and installing carpeting; (2) is not visible from this Lease or the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will notLeasing Documents, Lessee, in the aggregate, cost more than $10,000.00. Except for ordinary course of its business may replace and/or renovate any of the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance Equipment with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials equipment of equal or greater qualitybetter economic value and functionability provided that Lessee i. provides the Lessor with reasonable prior written notice of such replacement or renovation; ii. Landlord, conveys title to the extent reasonably replacement equipment or causes the same to be conveyed to the Lessor at the time of the replacement; iii. cooperates with the Lessor in promptly perfecting Lessor's title to and ownership of the equipment, including but not limited to, the filing of UCC-1 Financing Statements and iv. takes all steps necessary to avoid any disruption assure that the replacement equipment becomes Equipment subject to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useLease. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Maintenance Repairs and Alterations. A. Except a. Subject to the extent such obligations are imposed upon provisions of paragraph 10 below, and except for damages caused by Tenant, its agents or invitees, Landlord hereundershall keep in good condition and repair the foundations and exterior walls and roof (structural and membrane) of the Building, rough plumbing and electrical utilities, and all common areas within the Building not leased to tenants. Tenant expressly waives the benefits of any statute which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the premises or the Building in good order, condition, and repair. b. Tenant shall, at its sole cost and Tenant's expense, maintain the Premises interior portion of the premises (including, but not limited to, finished plumbing and electrical and lightbulbs) in good order, condition and repair throughout repair. If Tenant fails to do so, Landlord may, but shall not be required to, enter the entire premises and put them in the same condition as upon the commencement of the Lease Termterm, and Landlord's out-of-pocket costs thereof shall automatically become due and payable as additional rent. At the expiration of the term Tenant shall deliver up possession of the premises in the same condition received, only ordinary wear and tear and casualty and condemnation excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. c. Tenant shall not not, without ▇▇▇▇▇▇▇▇'s prior consent, make or allow to be made any alterations, improvements, or additions in or improvements to about the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Buildingpremises. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s In requesting ▇▇▇▇▇▇▇▇'s consent, Tenant shall deliver submit to Landlord plans complete drawings and specifications acceptable describing such work and the identity of the proposed contractor. As a condition to Landlord; names giving such consent, Landlord may, among other things, require that Tenant remove any such alterations, improvements or additions at the expiration of the term, and addresses restore the premises to their prior condition. Before commencing any work relating to alterations, additions, or improvements affecting the premises, Tenant shall notify Landlord of contractors the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish such information as shall reasonably acceptable be requested by Landlord substantiating Tenant's ability to Landlord; copies of contracts; pay for such work. Landlord shall then have the right at any time and from time to time to post and maintain on the premises such notices as Landlord reasonably deems necessary permits to protect the premises and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond Landlord from mechanics' liens or any other security, all in form and amount reasonably satisfactory to Landlordliens. Tenant shall not permit any mechanics' liens to be responsible levied against the premises for insuring that all such persons procure and maintain insurance coverage against such risks, any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in such amounts and connection with such companies as Landlord may reasonably requirework of any character performed or claimed to have been performed on the premises by or at the direction of Tenant. All Alterations shall be constructed alterations, improvements, or additions in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to about the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be premises performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall be done in a first-class, workmanlike manner, shall not unreasonably lessen the value of the leasehold improvements in the premises, and shall be deemed to be representation by Landlord that such plans and specifications comply completed in compliance with all applicable insurance requirements, building codeslaws, ordinances, laws or regulations or that regulations, and orders of any governmental authority having jurisdiction there over, as well as the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) requirements of insurers of the Building; (ii) mechanical (including HVAC), electrical, plumbing premises and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Upon Landlord's request, Tenant shall remove any contractor, subcontractor, or material supplier (who is present at the request of Tenant) from the premises and the Building if the work- or presence of such person or entity results in labor disputes in or about the Building or the Marina Village Project, or damage to the premises, Building or Project. Unless Landlord requires their removal as set forth above, all alterations, improvements or additions which may be made on the premises shall promptly make repairs become the property of Landlord and remain upon and be surrendered with the premises at the expiration 6. of the term; provided, however, that Tenant's machinery, equipment and trade fixtures, other than any which may be affixed to the premises so that they cannot be removed without material damage to the premises, shall remain the property of Tenant and may be removed by Tenant provided further Tenant shall be responsible for which Landlord is responsiblerepairing all damage to the premises caused by such removal.

Maintenance Repairs and Alterations. A. (a) Except to the extent such obligations are imposed upon Landlord hereunderas specifically otherwise provided in Paragraph 6.1(c) hereof, Tenant shallLessee, at its sole cost and expense, maintain the Premises shall maintain, repair and replace, and keep in good order, condition and repair the Premises, including, without limitation, (i) all heating, air conditioning, ventilating, plumbing and electrical systems servicing the Premises (as described in subsection (b) below) and (ii) the portion of the Building roof, walls (external and internal) and foundation located within the Premises. Lessee shall also be responsible for any repairs, replacements or maintenance necessary or appropriate to render existing systems and utilities located in the Premises available and operative for use by Lessee. (b) Exhibit C attached hereto lists certain systems, equipment and services (collectively. "Services") which will be required by the cogeneration Facility, and describes the scope of Lessee's maintenance. repair and replacement responsibilities for each of the Services. (c) Lessor, throughout the entire Lease Termterm of this lease and at Lessor's sole cost and expense. shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Building outside the Premises. and to exterior walls outside the Premises; provided. however, that Lessor shall have no responsibility to make any repair unless and until Lessor receives written notice of the need for such repair. and provided further that Lessor shall have no responsibility to repair any damage (other than ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30tear) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s or is caused by Lessee's use, manner of use or occupancy of the Premises, (2) or by Lessee's installations in or upon the installationPremises, removalor by any act or omission of Lessee or any employee, use agent, contractor or invitee of Lessee. Lessor shall initiate repair of any problems described in this section that materially affect the operation of Tenant’s Property or Required Removablesthe Cogeneration Facility within seven (7) business days following receipt of notice, (3) the moving of Tenant’s Property and Required Removables into or out of the Buildingshall diligently pursue such repairs thereafter to completion, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteesdelays for circumstances beyond Lessor's reasonable control. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Maintenance Repairs and Alterations. A. Except a. If the unit is supplied with a smoke detection devise(s) upon occupancy, it shall be the responsibility of Tenant to regularly test the extent such obligations are imposed upon Landlord hereunder, Tenant shall, at its sole cost and expense, maintain detector(s) to ensure that the Premises device(s) is in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear exceptedoperable condition. Tenant agrees to keep the areas visible from outside the Premises will inform Management immediately, via phone call and in a neatwriting, clean and attractive condition at all timesof any defect, malfunction or failure of such smoke detector(s). Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and is responsible to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sumsreplace smoke detector batteries, if any, expended as needed unless otherwise prohibited by Landlord law. Refer to the Smoke Detector Addendum b. Tenant shall advise management via a phone call and in writing of any items requiring repair (dripping faucets, light switches, etc.). Notification should be immediate in an emergency (within 24 hours) and for third party examination normal wear and tear problems within 1-2 business days. Service requests are NOT to be made to the maintenance staff but directly to Fresno Management Company. c. Unreported maintenance issues that results in damages beyond the original scope of repairs for maintenance of any kind may result in a charge to the tenant. d. Costs of repair or clearance of stoppages in waste pipes or drains, water pipes or plumbing fixtures caused by Tenant’s negligence or improper usage are the responsibility of the architecturalTenant. Payment for corrective action must be paid by Tenant on demand at the time of correction of the problem. e. NO CREDIT WILL BE GIVEN FOR REPAIRS MADE BY TENANTS. Initial: f. No repairs, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord decorating or alterations shall be entitled to oversee done by the construction Tenant without Managements prior written consent. Tenants shall notify Management in writing of any Alterations that may affect the structure repairs or alterations contemplated. Failure to adhere to this Standards of the Building or any Conduct could result in termination of the mechanical, electrical, plumbing or life safety systems of the Buildingyour Lease Agreement. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans New rules and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will amendments to these rules may be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance adopted by Fresno Management Company upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.giving a thirty

Maintenance Repairs and Alterations. A. Except to 7.1 Throughout the extent such obligations are imposed upon Landlord hereunderterm, Tenant shall, at its Tenant's sole cost and expense, maintain the Premises in good order, condition and repair throughout repair, ordinary wear and tear excepted, in accordance with all Laws; provided, however, that subject to the entire provisions of any Project Lender's Loan Documents, Tenant shall not be required to repair, restore or remedy any damage to or destruction of the Facilities, and may instead elect to raze the improvements so damaged or destroyed, and provided further, that following any such razing, Tenant shall be entitled to terminate this Lease Termand the obligation to pay rent contained herein, so long as Tenant complies with Section 7.4 hereof. 7.2 Tenant shall be free to make any alterations or additions to the Premises, and may from time to time construct any Increased Capacity Improvements and any other improvements permitted under Section 6.1 hereof, subject to the following: 7.2.1 Tenant shall pay when due, all claims for labor or materials furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, and shall indemnify and defend Landlord against any such liens or claims of lien. 7.2.2 If Tenant shall, in good faith, contest the validity of any lien, claim or demand, then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand, indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or claim. 7.3 Notwithstanding any other provision of this Lease, the Facilities, any Increased Capacity Improvements and any of Tenant's other fixtures and personal property, whether or not affixed to the Premises, shall be deemed severed from and not a part of the underlying real property and shall not merge therewith, and shall remain the property of Tenant at all times during and after the term of this Lease, and may be removed by Tenant from the Premises; and all insurance proceeds received in connection with any damage to or destruction of the Facilities, any Increased Capacity Improvements and/or such other property shall belong exclusively to Tenant. 7.4 Within a reasonable period of time (not to exceed one hundred and eighty (180) days) after the expiration or earlier termination of the term of this Lease, Tenant shall, in accordance with good operating practice and in compliance with Law, (a) remove from the Premises the Facilities, any Increased Capacity Improvements and any and all other facilities, structures, pipelines, machinery, equipment, fixtures and personal property (except ▇▇▇▇▇ and casings) located on the Premises, (b) level and fill all sump holes and mud pits and cap or plug any ▇▇▇▇▇ constructed or drilled on the Premises, (c) to the extent reasonably practicable, demolish and remove all foundations, fix all excavations, return the Premises to grade, and leave the Premises safe and free from debris and (d) surrender the Premises to Landlord in good condition and repair, ordinary wear and tear excepted. Notwithstanding the foregoing, Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible to remove from the exterior of Premises any facilities, structures, pipelines, machinery, equipment and other fixtures or personal property installed or constructed by, or take any other actions required in this Section 7.4 with respect to the Premises property or Building; activities of, Magma Land or any Transferee (3as that term is defined in the Geothermal Lease) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will notother than Salton Sea Brine Processing L.P., in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans each case to the Landlordextent such installation, Cosmetic Alterations shall otherwise be subject construction and operations were conducted pursuant to all the other provisions of this Section 9. Prior rights reserved to commencing any Alterations and as a condition to obtaining Landlord’s consent, Magma Land under the Geothermal Lease. 7.5 Tenant shall deliver to Landlord plans maintain and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance repair, in accordance with Section 13 hereof; and a payment bond or other securityreasonable engineering standards, all in form those dikes and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to levees on the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sumsPremises, if any, expended which Tenant is from time to time expressly required to maintain and repair pursuant to any applicable permit issued by the County of Imperial in connection with Tenant's operations, and Landlord for third party examination assumes no responsibility therefor; provided, however, that Landlord shall maintain and repair, in accordance with reasonable engineering standards, all dikes and levees on other property of Landlord in the vicinity of the architecturalPremises (except those dikes and levees which Magma Land is required to maintain and repair pursuant to the provisions of the Geothermal Lease), mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord Tenant assumes no responsibility therefor. 7.6 Tenant shall be entitled entitled, without charge, to oversee use in connection with its operations or for maintaining or repairing any dike or levee, any earth or rock located on the construction of any Alterations Premises; provided, however, that may affect the structure of the Building or any of the mechanicalnotwithstanding Section 7.4 hereof, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed responsible for fixing any excavations or returning the Premises to be representation grade to the extent that (a) such use of earth or rock was for the purpose of maintaining or repairing any dike or levee or (b) soils were taken or utilized by Landlord under Section 7.7 hereof. 7.7 Landlord reserves the right to enter the Premises and to take and utilize the soils contained therein as fill for flood control purposes, at no charge to Landlord; provided, however, that (a) in exercising its rights under this Section 7.7, Landlord shall not interfere with or cause any material delay, or increase in the cost of, Tenant's operations on the Premises and (b) Landlord shall indemnify, defend and hold harmless Tenant from and against any and all Damages, whether or not arising out of third-party claims, which may be imposed upon or incurred by Tenant or asserted against Tenant by any other Person, arising out of or attributable to such entry and use of such soils by Landlord. Without limiting the generality of the foregoing, Landlord shall not take or use any soil from any portion of the Premises which, at the time of such entry by Landlord, is being used as, or has been set aside for, the site of any facilities, well pads or other improvements, nor shall Landlord's use of such soils impair the lateral or subjacent support for any such site. In the event of any conflict between the rights of Landlord to take and utilize soils under this Section 7.7 and the rights of Tenant to use earth or rock under Section 7.6 hereof, the rights of Landlord under this Section 7.7 shall take priority. 7.8 Notwithstanding any other provision of this Lease, each party hereto hereby waives any claim against the other party hereto for Damages caused by any change or changes in the level of the Salton Sea; provided, however, that such plans and specifications comply with applicable insurance requirementswaiver shall not apply to Damages which may be imposed upon or incurred by a party hereto or asserted against a party hereto by a third Person, building codes, ordinances, laws arising out of or regulations attributable to the gross negligence or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) intentional acts or omissions of the Building; (ii) mechanical (including HVAC)other party hereto or the failure of such other party to perform its obligations under Section 7.5 hereof. The parties hereto agree that such waiver shall include, electricalwithout limitation, plumbing and fire/life safety systemsDamages caused by flooding, if any, serving seepage or other circumstances attributable to any change or changes in the Building in general; (iii) Common Areas; (iv) roof level of the Building; (v) exterior windows Salton Sea, and that such waiver is part of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsibleconsideration under this Lease.

Maintenance Repairs and Alterations. A. 01. Except to for repairs which become necessary by reason of the extent improper conduct, carelessness, negligence or act of omission by Tenant, it's employees, agents, servants, customers, guests, invitees, visitors or licensees, within a reasonable time after notice of the necessity of such obligations are imposed upon repairs, Landlord hereundershall repair the roof, foundation and exterior walls, other Common Area and Building facilities of the Premises, except for glass and other breakable materials used in structural portions thereof. All such repair costs involved shall be considered as Common Area Expenses and shall be billed in accordance with the provisions of paragraph 12. Except for repairs which become necessary by reason of the improper conduct, carelessness, negligence or act of omission by Tenant, its employees, agents, servants, customers, guests, invitees, visitors or licensees, within a reasonable time after notice of the necessity of such repairs, Landlord shall repair the roof, foundation and exterior walls, other Common Area and Building facilities of the Premises, except for glass and other breakable materials used in structural portions thereof. Any repairs, service, or work contracted for by Tenant without specific written approval by the Landlord, shall be paid for by the Tenant at its sole expense, even if repair/work would normally be a Common Area Expense. 2. Except as otherwise specifically provided in this Lease, Tenant shallis accepting the herein described Premises in its "AS IS" condition, without representation from either Landlord, and/or ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & Associates, Inc., and any and all additional improvements, maintenance, repairs, changes in conditions or alterations shall be at the sole cost and expense of Tenant. 3. Except as is provided specifically in paragraph 13.01 herein, at its sole cost own expense Tenant shall maintain, repair, and expensereplace, maintain as necessary, the interior of the Premises regardless of the cause of the maintenance or repair, including, specifically, all plate glass, exterior and interior glass surfaces, interior distribution of heating systems and HVAC systems, overhead and entry doors, interior walls, ceilings, plumbing and electrical fixtures, floors, walls and finishes. The foregoing notwithstanding, Landlord reserves the right, at its option, to contract for the work described in good orderthe preceding sentence and pass the costs thereof through to Tenant as Additional Rent. In addition, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to shall keep the areas visible from outside the Premises in a neatwalks, clean porches, decks, and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and docks adjacent to the Premises, Building plus a minimum of four (4) feet into the parking lot and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use inside any fenced or occupancy of walled areas immediately adjacent to the Premises, (2) .free of dirt, litter, snow and ice, and shall further be responsible for the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out proper maintenance of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteesautomobile tire stops within such area. B. 4. Tenant shall not make no additions, improvements or allow to be made alterations in or about the Premises, nor shall Tenant install or attach any alterations, additions or improvements to the Premises (collectively, “Alterations”)Trade Fixture, without first obtaining presenting to Landlord copies of plans and specifications, created and stamped by a licenses engineer and or architect, detailing the written consent of Landlorddesired additions, improvements, alterations or Trade Fixtures, which consent plans and specifications shall include, but shall not be unreasonably withheldlimited to, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanicalstructural, electrical, plumbing or life safety systems of the Buildingand mechanical detailing (loading, circuitry, and distribution), walls, doors, flooring, fixtures and finishes. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord Such plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid clearly identify any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requestsimprovement, Landlord shall be entitled alteration, thing, item or device which Tenant desires to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive classify as a fee for such oversight in an amount equal to five percent Trade Fixture (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.see

Maintenance Repairs and Alterations. A. Except 7.1. Tenant shall maintain and make all repairs, alterations and replacements (internal and external, including structural) necessary to maintain the Premises in good condition and in compliance with all applicable laws, regulations, ordinances and codes (all as reasonably determined by Landlord from time to time) and shall surrender the Premises when required by this Lease in like condition as when taken, reasonable use and wear and fully insured casualties excepted. Tenant shall also be responsible for all repairs and replacements to the extent Premises required due to the neglect or willful act of Tenant, its employees, agents, contractors or invitees. Landlord may perform any of Tenant’s maintenance, repair or replacement responsibilities if, after reasonable written notice to Tenant, Tenant has not promptly completed such obligations and Tenant shall reimburse Landlord in the amount of 115% of all costs incurred within ten (10) days after receipt of Landlord’s invoice. All such invoices shall constitute Payment Obligations. 7.2. Tenant shall not make any structural alterations, improvements and additions (including signage) of any kind to the Premises in excess of $25,000 per item without Landlord’s prior written consent, which shall not be unreasonably withheld. All alterations, improvements and additions which are imposed not movable trade fixtures shall be the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord hereunderrequests removal, in which case Tenant shall remove the designated alterations, improvements and additions and repair any damages resulting from such removal. 7.3. Tenant shall not use, store, generate, treat, or dispose of any Hazardous Substance (as defined below) on the Premises or in, on or about the Premises, or cause, suffer, or permit the same to be done by any person, except in full compliance with all Environmental Laws (as defined below). This provision shall not apply to migration from off site sources onto the premises. “Hazardous Substance” means any substance, the manufacture, use, treatment, storage, transportation, or disposal of which is considered hazardous or is regulated by any law or regulation having as its object the protection of public health, natural resources, or the environment, including, by way of illustration only and not as a limitation, the following: the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Toxic Substances Control Act; the Federal Water Pollution Control Act; the Michigan Water Resources Commission Act; and the Michigan Solid Waste Management Act; as each of such acts shall be amended, from time to time (“Environmental Laws”). In the event that any Hazardous Substance is discovered to exist on or in or have been generated, disposed or released from the Premises by Tenant, including any now existing, and whether such discovery is made during the Term or at any later time, Tenant shall, at its sole cost and expense, maintain take all steps necessary to remove and properly dispose of such Hazardous Substance and cleanup or repair any resulting contamination or damage in full compliance with all Environmental Laws (this provision shall not apply to migration from off site sources onto the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear exceptedsite). Tenant agrees to keep the areas visible shall defend, indemnify and hold Landlord harmless from outside the Premises and against any liabilities, including judgments, court costs, and actual attorney fees claimed or asserted against or sustained by Landlord, and any damages suffered by Landlord, including any decrease in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to the Premises, Building and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy value of the Premises, (2) the installation, removal, use or operation of resulting from Tenant’s Property or Required Removables, (3) failure to fully comply with the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section. The obligations of Tenant under this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond survive the expiration or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials termination of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s usethis Lease. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Maintenance Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant shallLessee, at its sole cost and Lessee's expense, maintain shall provide the Premises routine maintenance for the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good order, condition and repair throughout the entire Lease Termheating and ventilating systems, hot water heater, plumbing and electrical systems. Lessor shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of the premises. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete of the sidewalks and parking areas. Lessee, at Lessee's sole cost and expense, shall keep the interior premises in good order, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises to Lessor in the same condition as received, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall, within thirty (30) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations not Landlord’s responsibility hereunder (collectively, “Repairs”) in and Lessee shall repair any damage to the Premisespremises occasioned by the installation or removal of its trade fixtures, Building furnishings and Property and the facilities and systems thereof, plus an administration charge of five percent (5%) of such cost, the need for which Repairs arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or inviteesequipment. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably require. All Alterations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably necessary to avoid any disruption to the tenants and occupants of the Building, shall have the right to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. If Landlord elects to oversee such work, Landlord shall be entitled to receive a fee for such oversight in an amount equal to five percent (5%) of the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s use. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.

Maintenance Repairs and Alterations. A. Except Lessee acknowledges that Lessee has been given every reasonable opportunity to inspect the extent such obligations Premises, and the Premises are imposed upon Landlord hereunder, Tenant in good order and repair and which Lessee accepts "as is. " Lessee shall, at its sole cost his own expense and expenseat all times, maintain the Premises in a good orderand safe condition, including the interior of the Premises and all fixtures situated thereon and the ballasts for said fixtures. Lessee shall, upon termination, surrender the Premises in as good condition and repair throughout the entire Lease Termas received, ordinary normal wear and tear excepted. Tenant agrees to keep the areas visible from outside Except as specifically set forth herein, no improvement or alteration of the Premises in a neatshall be made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, clean and attractive condition improvement, or alteration, Lessee shall give Lessor at all times. Tenant shall, within thirty least ten (3010) days after Landlord’s written demand therefor, reimburse Landlord for the cost of all repairs, replacements and alterations notice in order that Lessor may post appropriate notices to avoid any liability tor liens. Lessee shall not Landlord’s responsibility hereunder (collectively, “Repairs”) in and to commit any waste upon the Premises, Building or any nuisance or act, which may disturb the peace and Property and quiet of the facilities and systems thereof, plus an administration charge community. Upon termination of five percent (5%) of such costthe Lease, the need for which Repairs arises out of (1) Tenant’s use or occupancy of Lessee, upon request by the PremisesLessor, (2) the installation, removal, use or operation of Tenant’s Property or Required Removables, (3) the moving of Tenant’s Property and Required Removables into or out of the Building, (4) any Alterations (hereinafter defined) or other work performed by Landlord pursuant to the Work Letter (subject to any construction allowance), or (5) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. B. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises (collectively, “Alterations”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed so long as such Alteration is not visible from the exterior of the Premises or the Building, does not affect the structure of the Building and will not adversely affect the mechanical, electrical, plumbing or life safety systems of the Building. However, Landlord’s consent shall not be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require a building permit; and (5) will not, in the aggregate, cost more than $10,000.00. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Cosmetic Alterations shall otherwise be subject to all the other provisions of this Section 9. Prior to commencing any Alterations and as a condition to obtaining Landlord’s consent, Tenant shall deliver to Landlord plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 13 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant shall be responsible for insuring restoration of all renovations that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably requirealter the building from its condition on the day of occupancy. All Alterations These restorations shall be constructed in a good and workmanlike manner using Building standard materials or other new materials of equal or greater quality. Landlord, to at the extent reasonably necessary to avoid any disruption to the tenants and occupants sole expense of the BuildingLessee, shall have and should the right Lessor be required to designate the time when any Alterations may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion of the Alterations, Tenant shall deliver to Landlord “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with the insurance requirements and with applicable codes, ordinances, laws and regulations. Tenant shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Alterations. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Alterations that may affect the structure of the Building or perform any of the mechanical, electrical, plumbing or life safety systems duties of the Building. If Landlord elects to oversee Lessee hereunder, then such work, Landlord funds expended by the Lessor in fulfilling the obligations of the Lessee shall be entitled to receive a fee for such oversight in an amount equal to five bear interest at the rate of eighteen percent (5%18\) per annum from the date of expenditure until reimbursed to the cost of such Alterations. Landlord’s approval of Tenant’s plans and specifications for any Alterations performed for or on behalf of Tenant shall not be deemed to be representation Lessor by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations or that the Alterations constructed in accordance with such plans and specifications will be adequate for Tenant’s useLessee. C. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (i) structural elements (including the foundation) of the Building; (ii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems, if any, serving the Building in general; (iii) Common Areas; (iv) roof of the Building; (v) exterior windows of the Building; and (vi) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.