Common use of Maintenance, Repairs and Replacements Clause in Contracts

Maintenance, Repairs and Replacements. Landlord shall only be responsible for maintaining the slab, foundation and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11.

Maintenance, Repairs and Replacements. Except (i) for costs covered by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents or employees), or (iv) as otherwise set forth in this Lease, Tenant shall only be solely responsible for maintaining the slab, foundation and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering exterior and all interior non-structural elements of the Leased Building, including, but not limited to, repairs and/or replacements to plate glass, Tenant's store front and doors, plumbing, heating, electrical and air conditioning systems which serve only the Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform for the maintenance or make and repairs or replacements, or if Landlord is and/or replacements required to make repairs by reason of Tenant's construction and/or design defects in the Improvements. Landlord shall maintain all structural elements of the Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, floor slab, foundation, load bearing walls and exterior structural walls (unless required by reason of construction or design defects in the Improvements), but shall have no other responsibility for maintenance, repair or replacements to the Premises or any part thereof except to the extent maintenance, repair or replacements are required due to the negligent acts or omissionsomissions or willful misconduct of Landlord (or its agents or employees); provided, Landlord shall have the righthowever, but not be obligatedthis provision is in no way intended to limit Landlord's obligation to maintain, to perform maintenance or make such repairs or replacements on behalf of repair and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of replace any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractorselements, laborers both structural and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performednon-structural, material furnished, or of the Common Areas pursuant to the terms of this Lease. In connection with Landlord's maintenance obligations incurred by or on behalf of Tenantpertaining to the roof, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within deliver to Landlord a "Bonded Roof Guaranty" warranting said roof for a minimum of ten (10) years; during the period of said guaranty Landlord's maintenance on the roof shall be at no cost to Tenant, except to the extent of a construction or design defect not covered by the guaranty. Following the expiration of the guaranty, Landlord shall continue to maintain the roof, provided Tenant shall reimburse Landlord within thirty (30) days after of demand and receipt of reasonable supportive evidence of the filing thereofamount and payment of the costs to be reimbursed. 11.All maintenance of a capital nature must be amortized according to generally accepted accounting principles. In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Other Improvements immediately surrounding the Building, including sidewalks and landscaping, except to the extent such maintenance is required due to a design or construction defect in the Other Improvements. If Tenant is required during the last five

Maintenance, Repairs and Replacements. Landlord shall only maintain in good condition and repair during the Term, at Landlord’s sole expense, the roof, the exterior walls, the foundations, the load bearing walls, and the structural columns and beams of the building on the Premises, all paved and landscaped areas on the Premises (including grass cutting and snow removal from driveways, parking areas and sidewalks on the Property). Tenant shall reimburse Landlord for an equitable share of the costs incurred by Landlord to perform grass cutting and snow removal services on the Property. Tenant shall pay such reimbursement amounts to Landlord within thirty (30) days after its receipt of any statement of such expenses from Landlord. During the first twelve (12) months of the Term, Landlord shall maintain in good condition and repair, at Landlord’s sole expense, the heating, ventilating and air conditioning systems serving the Premises ("HVAC"). Upon expiration of the first twelve (12) months of the Term, Tenant, at its sole expense, shall be responsible for maintaining the slab, foundation maintenance and roof repair of the Leased Premises. Landlord has no other obligations whatsoever HVAC and shall provide for regular preventative maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, HVAC systems to be performed not less than once every six (6) months during the term Term; provided, however, that Tenant’s obligation for costs to repair the HVAC systems (in addition to Tenant’s costs to have the foregoing preventative maintenance performed), shall not exceed $500 per maintenance item occurrence and an annual aggregate of this Lease except that landlord will $1,500, and Landlord shall be responsible for the remainder of such cost, provided that Landlord has approved in advance the contractor that performs such work. In the event any HVAC repair/repair and/or replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements HVAC following the first twelve (12) months of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissionsTerm constitutes a Capital Improvement (as defined below), Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and responsible for the account prompt performance of Tenant; such repair or replacement work and Landlord may amortize the cost of such repair and/or replacement on a straight line basis over the useful life of such item as reasonably determined by Landlord in such accordance with generally accepted accounting principles (“GAAP”), in which event, Tenant, as additional rent hereunder, shall pay the amortized amount of the cost of such work repair or replacement attributable to such year, plus interest on the outstanding amount at 6% per annum, which amount plus accrued interest shall be paid for by Tenant as additional rent promptly upon receipt to Landlord in equal monthly installments at the same time that Base Rent is due. Tenant, at its election, may prepay all or a portion of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord such amount prior to their commencement the date such amount is due without penalty. For purposes hereof, the term “Capital Improvement” refers to any item the cost of which, under GAAP, would be amortized over the useful life of the asset being replaced, or repaired. Except for those maintenance and shall be performed in a good and workmanlike mannerrepair items Landlord is responsible to perform described above, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders riskshall, liability and workers compensation insurancewithout cost to Landlord, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claimsdiligently cause the Premises, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractorsimprovements, laborers fixtures, systems and suppliers shall equipment from time to time located on or exclusively serving the Premises, to be paid kept in a timely manner; good repair and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep condition at all times during the premises and the Building free from any such liensTerm, and Tenant shall discharge promptly and adequately repair all damage thereto. Should Tenant fail to perform such obligations, Landlord may (without any obligation so to do) cause such maintenance and repairs to be accomplished at the cost of Tenant. Any costs incurred by Landlord in so doing shall be payable by Tenant upon demand and shall bear interest at the Default Rate until paid in full (such right of Landlord to be subject to the property management agreements of the parties set forth below). Notwithstanding the foregoing terms of this paragraph, upon written notice to Landlord, Landlord shall be responsible, at its sole expense, for the prompt performance of any maintenance and repair item concerning the Premises that (i) does not concern the HVAC and is reasonably estimated to cost in excess of $250, (ii) is non-routine and not of the type that is customarily repaired or bond any lien filed within ten maintained by maintenance and repair personnel employed by the City of St. Louis, (10iii) days after is unrelated to Tenant’s specific use of the filing thereof. 11Premises, and (iv) is not damage or misuse related to Tenant’s operations on the Premises.

Maintenance, Repairs and Replacements. Landlord Each Unit Owner, at his own expense, shall only furnish and be responsible for maintaining all maintenance of, repairs to and replacements within his own Unit. Maintenance of, repairs to and replacements within the slabCommon Elements shall be the responsibility of and shall be furnished by the Association. The cost of maintenance of, foundation repairs to and roof replacements within the Common Element shall be part of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs common expenses subject to the By-Laws, rules and regulations of the Leased Premises Association. The expenses for the maintenance, repair or replacement of any nature whatsoevera Unit's water heater, either ordinary or extraordinaryfurnace, during air conditioner, and heating and air conditioning ducts shall be home by the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance owner of the Leased Premises, including but not limited Unit to painting, wall covering, floor covering which such Limited Common Elements are appurtenant and all non-structural elements at the discretion of the Leased Premises Board, maintenance of, repairs to and any appurtenancesreplacements within the other Limited Common Elements may be assessed in whole or in part to Unit Owners benefitted thereby, structures or improvements thereon. If Tenant refuses or neglects and, further, at the discretion of the Board, the Board may direct Unit Owners who stand to perform be benefitted by such maintenance or make of, repairs or replacementsto and replacement within the Limited Common Elements to arrange for such maintenance, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have and replacement in the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of name and for the account of Tenant; in such eventbenefitted Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Board such work lien waivers and contractor's and sub-contractor's sworn statements as may be required to protect the Property from all mechanic's or materialmen's lien claims that may arise therefrom. If due to the act or neglect of a Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be paid for caused to the Common Elements or to a Unit or Units owned by Tenant as additional rent promptly upon receipt of a xxxx. All others, or maintenance, repairs and replacements repair or replacement are required which would otherwise be a Common Expense, then such Unit Owner shall pay for which Tenant is obligated hereunder such damage or such maintenance, repair or replacements, as may be determined by the Association to the extent not covered by the Association's insurance or sufficient proceeds are not collected from the insurance carrier. The authorized representatives of the Association, Board or of the Managing Agent with approval of the Board shall be approved by Landlord prior entitled to their commencement reasonable access to the individual Units and shall Limited Common Elements as may be performed required in a good and workmanlike manner, in compliance connection with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement the preservation of any work. Tenant shall indemnify and hold Landlord harmless from all claimsindividual Unit or Limited Common Elements in the event of an emergency, liabilities, obligations and expenses, including attorney fees, arising from or in connection with maintenance of, repairs or replacements within the Common Elements, Limited Common Elements or any way connected with such work. Tenant shall only use a licensed contractor for equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements or to make any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for alteration required by any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11governmental authority.

Maintenance, Repairs and Replacements. A. Landlord shall only be responsible for maintaining covenants and agrees throughout the slab, foundation and roof Term to: (i) maintain the structural components of the Leased Premises. Building, including exterior walls and the roof, all landscaped areas and the parking lot; (ii) remedy any defects in Landlord’s Work during the period as specified in paragraph 7 of Exhibit B-2, upon written notice of such defects from Tenant; provided, however, so long as Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. assigned to Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved warranties obtained by Landlord prior with respect to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred improvements installed by or on behalf of Landlord as part of Landlord’s Work, each such obligation with respect to improvements that are the subject of and covered by such warranties shall expire on the third (3rd) anniversary of the Commencement Date, unless a longer warranty period is provided by any component or materials manufacturer. All expenses incurred by Landlord hereunder shall be deemed Operating Costs, which shall be subject to reimbursement by Tenant as Additional Rent. Notwithstanding the foregoing to the contrary, Landlord shall not be obligated to make any repairs necessitated by the negligence or willful misconduct of Tenant, its agents, employees, contractors, invitees or customers. Except as otherwise expressly provided in this Lease, Landlord shall not be obligated perform any maintenance or to make any other repairs, replacements or improvements of any kind in or to the Premises, or upon any equipment, facilities or fixtures located in the Premises, including all signage. The provisions of this Section 15A. shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which event the obligations of Landlord shall be controlled by Section 18 and Section 19 of this Lease. Landlord shall have no obligation to repair until a reasonable time after the receipt by Landlord of written notice of the need for repairs. In the event that Landlord has elected to maintain the Premises as provided in Section 15(C), Landlord may elect to estimate Tenant’s Operating Costs. In such event, upon request of Landlord, Tenant shall keep pay one-twelfth (1/12) thereof monthly in advance, together with the premises payment of Fixed Annual Rent. After the end of each Lease Year, Landlord shall furnish Tenant, upon request, a statement of the actual Operating Costs. Tenant shall have thirty (30) days from receipt of such statement to review same and to submit to Landlord in writing any objections of Tenant thereto. If no written objections are received by Landlord within said thirty (30) day period, such statement shall be conclusively deemed to be correct as between the Building free from parties, and there shall be an adjustment with payment by or refund or credit to Tenant, as the case may require, to the end that Tenant shall pay the entire amount of Tenant’s Proportionate Share for such period but not in excess thereof. Any payments due by Tenant hereunder shall be received by Landlord on or before thirty (30) days following receipt by Tenant of said statement. Tenant covenants and agrees that Tenant shall remain liable for and shall pay its Proportionate Share of Operating Costs in the amounts and times as set forth herein, notwithstanding the expiration or earlier termination of this Lease. Tenant acknowledges that Operating Costs or any such liensitem or component of assessment or charge thereunder may be made or assessed by either Landlord and/or the owner or other entity controlling the Common Areas, and Tenant shall discharge or bond any lien filed within ten pay such charge to the party making such assessment. Landlord shall retain its records regarding Operating Costs for a period of at least twelve (1012) days after months following the filing thereoffinal billing for the Lease Year in question. 11.In the event that Landlord elects to undertake maintenance and repair of the Premises, then Landlord agrees that the following costs shall not be chargeable to Tenant as Operating Costs:

Maintenance, Repairs and Replacements. Landlord 5.01 Subject only to Section 5.05 hereof, the Tenant shall only be responsible for maintaining the slabat its own cost repair, foundation replace, maintain and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of keep the Leased Premises and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair and condition as a prudent owner would do, damage by fire and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if other perils against which the Landlord is required under this Lease to make insure excepted. The Tenant shall also keep the driveways, walkways, and parking areas free and clear of snow and ice that the Tenant (including, without limitation, the portion of the mutual driveway lying between the Lands that serve the Leased Premises and the adjacent building). The Tenant agrees that upon not less than twenty-four (24) hours notice (except in the case of emergency when no notice shall be required) the Landlord may enter and view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided always that if the Tenant shall not within fifteen (15) days' of such notice, commence and proceed diligently with the execution of the repairs by reason and works mentioned in such notice, it shall be lawful for the Landlord to enter upon the Leased Premises and execute such repairs and works at the expense of the Tenant's negligent acts or omissions, and in any and every such case the Tenant covenants with the Landlord shall to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements together with fifteen percent (15%) of such costs as a management and supervisory fee; provided further that the right, but not be obligated, to perform doing of such maintenance or make the making of any such repairs or replacements on behalf of by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11replace.

Maintenance, Repairs and Replacements. Landlord Tenant, at its sole expense, shall only be responsible for maintaining keep and maintain the slabPremises (including, foundation but not limited to, all heating, air conditioning, plumbing and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance electrical equipment, driveways and parking areas) in good repair and condition and shall make all repairs, replacements and renewals, whether structural or repairs of the Leased Premises of any nature whatsoevernon-structural, either foreseen or unforeseen, ordinary or extraordinary, during which are necessary to put and maintain the term Premises in such a state of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar yeargood repair and condition. Tenant assumes full and complete responsibility for all other All repairs, replacements and maintenance of the Leased Premises, including but not limited renewals required by this Paragraph 7 to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If be performed by Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant made promptly, as additional rent promptly upon receipt of a xxxx. All maintenanceand when necessary, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in quality and class at least equal to the original work. Should Tenant, in an effort to maintain the Premises in a state of good repair and workmanlike mannercondition, provide any replacements to any Improvements constituting part of the Premises, said replacements shall be the Landlord’s property to be retained by Landlord at the expiration or termination of this Lease and shall become a part of the Improvements as that term is used in compliance with all governmental requirements and permitsthis Lease. Tenant shall secure sufficient builders riskbe responsible for all cleaning, liability landscaping, mowing, snow removal, and workers compensation insurance, naming Landlord as an additional insured garbage and provide proper evidence of such insurance coverage refuse removal expenses with respect to Landlord prior to commencement of any workthe Premises. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of TenantIn addition, Tenant shall keep the premises Premises in a safe and sanitary condition as required by all applicable governmental laws, codes, and regulations. It is understood that Tenant is not required to maintain the Premises in a condition equal to new, but Tenant shall keep and maintain the Premises in such a manner so as to minimize, as far as practicable, the effects of use, decay and weather. Landlord shall not be required to maintain all or any part of the Premises. If the Tenant defaults in making any repairs, replacements or renewals required by this Paragraph to the Premises, the Landlord may, but shall not be required to, make such repairs, replacements or renewals for the account of the Tenant, and the Building free from expense thereof shall constitute and be collectable as additional rent. Nothing herein shall imply any duty on the part of Landlord, however, to effectuate any such liensrepairs, replacements or renewals and Tenant the performance thereof by the Landlord shall discharge or bond not constitute a waiver of any lien filed within ten (10) days after the filing thereof. 11default by Tenant.

Maintenance, Repairs and Replacements. Landlord Each Unit Owner, at his own expense, shall only furnish and be responsible for maintaining all maintenance of, repairs to and replacements within his Unit. Except to the slabextent hereinafter set forth, foundation maintenance of, repairs to and roof replacements within the Common Elements shall be the responsibility of and shall be furnished by the Association, and the cost thereof shall be part of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs common expenses, subject to the By- Laws, and Rules and regulations of the Leased Premises Association. The expenses for the maintenance, repair or replacement of any nature whatsoevera Unit’s water heater, either ordinary furnace, air conditioner, heating, and air conditioning ducts, and plumbing and electrical wiring serving only such Unit, shall be borne by the Owner of the Unit to which such Limited Common Elements are appurtenant; and, at the discretion of the Board, maintenance of, repairs to, and replacements within the other Limited Common Elements may be assessed in whole or extraordinaryin part to Unit Owners benefited thereby. Further, during at the term discretion of this Lease except that landlord will the Board, the Board may direct Unit owners who stand to be responsible benefited by such maintenance of, repairs to, and replacements within the Limited Common Elements to arrange for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other such maintenance, repairs, and replacements and maintenance of in the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of name and for the account of Tenant; in such eventbenefited Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Board such lien waivers and contractor’s and subcontractor’s sworn statements as may be required to protect the property from all mechanic’s or materialmen’s lien claims that maintain, repair, or replace the electrical wiring, plumbing, or other utilities of a Unit, it shall become necessary to gain entry to another Unit, it shall be the responsibility of the Association to provide such maintenance, repair or replacement, but the cost of such maintenance, repair, or replacement may be assessed to the Unit Owners benefited thereby, as herein above provided. If, due to the act or neglect of a Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements are required which would otherwise be a common expense, then such Unit Owner shall pay for, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All damage or such maintenance, repairs and replacements for which Tenant is obligated hereunder replacements, as may be determined by the Board, to the extent not covered by the Association’s insurance. The authorized representatives of the Association, Board, or of the Managing Agent with approval of the Board, shall be approved by Landlord prior entitled to their commencement reasonable access to the individual Units and shall Limited Common Elements as may be performed required in a good and workmanlike manner, in compliance connection with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement the preservation of any work. Tenant shall indemnify and hold Landlord harmless from all claimsindividual Unit or Limited Common Elements in the event of an emergency, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected connection with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractorsmaintenance of, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnishedrepairs to, or obligations incurred replacements within the Common Elements, Limited Common Elements, or any equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements, or to make any alteration required by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11governmental authority.

Maintenance, Repairs and Replacements. Except (i) for costs covered ------------------------------------- by the Landlord's insurance required to be maintained hereunder, (ii) for condemnation proceeds to be received by Tenant, (iii) for obligations arising from the negligent acts or omissions or willful misconduct of Landlord (or its agents, employees or other tenants), or (iv) as otherwise set forth in this Lease, Tenant shall only be solely responsible for maintaining maintenance of the slabexterior and interior nonstructural elements of the Existing Building and Leasehold Improvements, foundation including, but not limited to, the following repairs and/or replacements which serve only the Premises: floors (other than structural floors); walls (other than the exterior face or service corridor walls); ceilings; utility meters; pipes and conduits within the Premises; fixtures within the Premises; any mechanical systems pertinent to the loading dock servicing the Premises (including any mechanical systems pertinent to the drainage thereof); electrical, heating, ventilating and air-conditioning equipment and systems located inside the Premises or on the roof of the Leased Shopping Center which are installed by Tenant or which exclusively serve the Premises; sprinkler equipment, fire protection equipment and other equipment within the Premises; the storefront(s); security systems within the Premises; locks and closing devices; window sashes, casements and frames; glass; and doors and door frames. During the last five (5) years of the Term of the Lease (without consideration to the exercise of any additional Renewal Options) Tenant shall be obligated to so install or construct alterations or incur expenditures pursuant to this paragraph; provided, however, that if Tenant is required to expend any sum in satisfaction of its obligations hereunder, and if the resulting improvement to the Premises cannot be fully amortized in accordance with generally accepted accounting principles, or the Internal Revenue Code and Regulations, over the remainder of the Term (without consideration to the exercise of any additional Renewal Options), Tenant shall so notify Landlord and Landlord shall either (a) direct Tenant that Landlord elects not to cause Tenant to make such capital expenditure, and Tenant shall thereby be relieved of any liability for such replacement obligation (unless such capital expenditure involves the HVAC system in the Existing Building, in which event Landlord shall be deemed to have elected (b) immediately following) or (b) direct Tenant to make such capital expenditure in which event Tenant shall be reimbursed by Landlord at the end of the Term by that amount of the cost associated with such replacement, construction or alteration (but not repair costs) for the period beyond the remainder of the Term (with consideration to the exercise of any additional Renewal Options, it being understood that if Tenant exercises a remaining Renewal Option, Landlord shall have no obligation to reimburse a capital expenditure with respect to the HVAC System incurred prior to commencement of the Renewal Period). Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for shall maintain all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises (whether or not same serve only the Premises), including, without limitation, the roof, roof structure, flooring system, floor slab, foundation, load bearing walls and exterior structural walls, but shall have no other responsibility for maintenance, repair or replacements to the Premises or any appurtenancespart thereof; provided, structures or improvements thereonhowever, this provision is in no way intended to limit Landlord's obligation to maintain, repair and replace any and all elements, both structural and non-structural, of the Common Areas pursuant to the terms of this Lease. If Tenant refuses or neglects In addition to the Landlord's maintenance and repair obligations set forth herein and otherwise set forth in this Lease, Landlord agrees to maintain the Improvements immediately surrounding the Existing Building, including sidewalks and landscaping. Should either party fail to perform maintenance its obligations under this paragraph 10, the other party may, at its option, effect such maintenance, replacements or make repairs repairs, provided that such curing party shall have given the nonperforming party thirty (30) days' prior written notice, except in the case of emergencies (in which event only such notice as may be reasonable under the circumstances shall be required); but further provided that such thirty (30) day period (or replacementsreasonable period in event of emergencies) shall be extended in respect of any cure that cannot with reasonable diligence be accomplished within such period so long as the party required to effect such cure has commenced such cure within such thirty (30) day period (or reasonable period in event of emergencies) and thereafter diligently prosecutes such cure to completion; and further provided that, prior to the curing party affecting the maintenance, replacement, or if Landlord is required repair obligation of the nonperforming party following expiration of the thirty (30) day period set forth above (as same may be extended as set forth above), the curing party shall deliver a second notice of default to make repairs by reason of Tenant's negligent acts or omissionsthe nonperforming party granting ten (10) additional days in which the nonperforming party may cure its failure, Landlord following which continued failure the curing party may then effect its cure. The nonperforming party shall have reimburse the right, but not be obligated, to perform maintenance or make such repairs or replacements other party on behalf of and demand for the account reasonable and actual amount so expended (as evidenced by detailed invoice), plus interest at the Default Rate. However, in the event of Tenant; in such eventemergency repairs, such work no interest shall be paid accrue if reimbursed within thirty (30) days of request (including detailed invoice) for by Tenant as additional rent promptly upon receipt of a xxxxreimbursement. All maintenance, repairs and or replacements for which Tenant is obligated hereunder shall be approved done by Tenant or Landlord prior to their commencement lien-free and shall be performed in a good and workmanlike mannermanner consistent with the quality of labor and materials used in originally constructing the Premises and Common Areas, as applicable, and in compliance accordance with all governmental requirements applicable law. In order for Landlord and permits. Tenant to effectively perform their maintenance, repair and replacement obligations hereunder, Tenant and Landlord, as applicable, shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage assign to Landlord prior to commencement of the other party any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers manufacturers' and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any contractors' warranties relating to such work performed, material furnished, or obligations incurred by or performed on behalf of the other party to the party who is required to maintain same under the Lease. Tenant agrees that Landlord, its agents, employees, servants or contractors, may, upon 48 hours prior written notice (emergencies excepted) enter the Premises during normal business hours for the purpose of inspecting the condition of same, during which inspections, Landlord shall not unreasonably disturb Tenant's conduct of business in the Premises. Nothing contained in this Lease shall imply any duty on the part of Landlord or Tenant to do any work which the other is required to perform, Tenant nor shall keep it constitute a waiver of one another's default in failing to do the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11same.

Maintenance, Repairs and Replacements. Landlord Subject to Landlord's obligation -------------------------------------- concerning the Premises as specified in subparagraph 35.f. hereof, Tenant shall only at all times be responsible for maintaining the slaball replacements, foundation and roof of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements maintenance, and maintenance restorations required to be made to the Premises in order that it shall at all times be in good operating condition. By way of illustration, and not limitation, of Tenant's obligation described in the Leased previous sentence, Tenant shall at all times keep the Premises, interior and exterior, in good order and good operating condition, including, but not limited to: the parking lot and access areas; all yard and landscape areas; the building within the Premises, including but not limited to paintingthe roof, wall covering, floor covering the structural and all non-structural elements and interior and exterior portions thereof, all entrances, all plate glass windows, all partitions, all doors, floors, insulation, hardware, fixtures, and equipment, and appurtenances thereof (such as lighting, plumbing and plumbing fixtures, and any heating, ventilating, and air conditioning systems), including reasonably periodic painting of the Leased interior and exterior of the Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement replacement of any workequipment or appurtenance, if necessary. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of TenantSubject to Landlord's obligation under paragraph 29 hereof, Tenant shall keep the premises Premises in compliance with all codes, ordinances, statutes, regulations, and other governmental requirements applicable to the Building free from Premises as any such lienscodes, ordinances, statutes, regulations, or requirements may be amended from time to time, including structural or non- structural modifications required thereby. Tenant further agrees to keep the Premises adequately heated so as to prevent the freezing of pipes. Tenant shall, at its cost, and Tenant as Landlord may reasonably require, use a reputable service company to inspect the heating, air conditioning and ventilating systems of the Premises and shall discharge or bond promptly perform any lien filed within ten (10) days after the filing thereof. 11repair, maintenance and replacement recommended by such contractor.

Maintenance, Repairs and Replacements. Landlord Each Unit Owner, at his own expense, shall only furnish and be responsible for maintaining all maintenance of, repairs to and replacements within his Unit. Except to the slabextent hereinafter set forth, foundation maintenance of, repairs to and roof replacements within the Common Elements shall be the responsibility of and shall be furnished by the Association, and the cost thereof shall be part of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs common expenses, subject to the By-Laws, and rules & regulations of the Leased Premises Association. The expenses for the maintenance, repair or replacement of any nature whatsoevera Unit’s water heater, either ordinary or extraordinaryfurnace, during air conditioner, heating and air-conditioning ducts, and plumbing and electrical wiring serving only such Unit, shall be borne by the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance owner of the Leased PremisesUnit to which such Limited Common Elements are appurtenant; and, including but not limited to painting, wall covering, floor covering and all non-structural elements at the discretion of the Leased Premises Board, maintenance of, repairs to, and any appurtenancesreplacements within the other Limited Common Elements may be assessed in whole or in part to Unit Owners benefited thereby. Further, structures or improvements thereon. If Tenant refuses or neglects at the discretion of the Board, the Board may direct Unit Owners who stand to perform be benefited by such maintenance or make of, repairs or replacementsto, or if Landlord is required and replacements within the Limited Common Elements to make arrange for such maintenance, repairs by reason of Tenant's negligent acts or omissions, Landlord shall have and replacements in the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of name and for the account of Tenantsuch benefited Unit Owners, pay the cost thereof with their own funds, and procure and deliver to the Board such lien waivers and contractor’s and subcontractor's sworn statements as may be required to protect the Property from all mechanic’s or materialmen’s lien claims that may arise therefrom; provided, however, that if, in such eventorder to maintain, such work repair, or replace the electrical wiring, plumbing or other utilities of a Unit, it shall become necessary to gain entry to another Unit, it shall be paid for by Tenant the responsibility of the Association to provide such maintenance, repair or replacement, but the cost of such maintenance, repair, or replacement may be assessed to the Unit Owners benefited thereby, as additional rent promptly upon receipt hereinabove provided. If, due to the act or neglect of a xxxx. All Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements are required which would otherwise be a common expense, then such Unit Owner shall pay for such damage or such maintenance, repairs and replacements for which Tenant is obligated hereunder replacements, as may be determined by the Board, to the extent not covered by the Association's insurance. The authorized representatives of the Association, Board, or of the Managing Agent with approval of the Board, shall be approved by Landlord prior entitled to their commencement reasonable access to the individual Units and shall Limited Common Elements as may be performed required in a good and workmanlike manner, in compliance connection with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement the preservation of any work. Tenant shall indemnify and hold Landlord harmless from all claimsindividual Unit or Limited Common Elements in the event of an emergency, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected connection with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractorsmaintenance of, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnishedrepairs to, or obligations incurred replacements within the Common Elements, Limited Common Elements, or any equipment, facilities or fixtures affecting or serving other Units, Common Elements and Limited Common Elements, or to make any alteration required by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11governmental authority.

Maintenance, Repairs and Replacements. Landlord Each Unit Owner shall only furnish and be responsible for maintaining the slabfor; at his own expense, foundation and roof all of the Leased Premises. Landlord has no other obligations whatsoever for maintenance or repairs of the Leased Premises of any nature whatsoever, either ordinary or extraordinary, during the term of this Lease except that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full and complete responsibility for all other repairs, replacements and maintenance of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder within his own Unit. Maintenance, repairs and replacements of the Common Elements including the care of trees, shrubs, and grass, grass cutting, snow removal and repairs of driveways, parking spaces and sidewalks shall be furnished by the Board as part of the Common Expenses, subject to the rules and regulations of the Board and the provisions of ARTICLE XV hereof. The Condominium Association or the Developer shall have the right to require the Unit Owner(s) to remove from or relocate within, their respective Unit(s) any portable personal property if in the sole opinion of the authorized representative(s) of the Association or Developer there must be performed maintenance on the common elements which would require the entry upon any individual Unit and the presence of said personal property would impair the ability to perform the repairs or would create a risk of damage to the said personal property. The Association, Developer or their representative shall have the right to enter upon any individual Unit to perform maintenance on the common elements and to cut grass and weeds located within any Unit. Failure of the Unit Owner(s) to remove, or relocate their said personal property within three (3) days of notice to so move will be deemed as authorization for the Associations or Developers representative(s) to move said personal property to perform the necessary required maintenance. Except in an emergency situation, to be determined in the sole discretion of the Association or the Developer, there shall be seven (7) days notice given to the Unit Owner(s) by the Association or Developer in the manner prescribed herein for all other notices. Failure of the Unit Owner(s) to comply with a proper request to move the it said personal property will result in said owner(s) incurring all expense that the Association or Developer incurs, including attorney's fees and court costs, if any, resulting from said failure to comply. The Board may cause to be discharged any mechanics' lien or other encumbrance which, in the opinion of the Board, may constitute a lien against the property or common elements, other than against a particular Unit and its corresponding percentage of owner ship in the Common Elements. When less than all the Unit Owners ale responsible for the existence of any such lien, the Unit Owners responsible shall be jointly and severally liable for the amount necessary to discharge the same and for all costs and expenses (including attorneys' fees) incurred by reason of such lien. Whenever the Board shall determine, in its discretion, that any maintenance or repair of any Unit is necessary to protect the Common Elements or any other portion of the Building, the Board may cause a written notice of the necessity for such maintenance or repair to be served by delivering a copy thereof to any occupant of such Unit, or by mailing the same by certified or registered mail to the Owner at the Unit. If such Unit Owner fails or refuses to perform any such maintenance or repair within a reasonable time which is to be stated in the notice (or any extension thereof approved by Landlord prior the Board), the Board may cause such maintenance and repair to their commencement be performed at the expense of such Unit Owner. If, due to the act or neglect of a Unit Owner, a member of his family, his household pet or his guest or any authorized occupancy or visitor or such Unit Owner, damage shall be caused to the Common elements or to a Unit or Unit Owner by others, or maintenance, repairs or replacements shall be required, the cost of which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board, to the extent such damage or maintenance is not covered by insurance. The Board shall have exclusive authority to take, or refrain from taking, any action pursuant to this ARTICLE VIII, Section 1. All expenses which, pursuant to this Section 1, are chargeable to any Unit Owner, may be specifically assessed to such Unit Owner and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord payable by such Unit Owner as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that prescribed by the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11Board.

Maintenance, Repairs and Replacements. Landlord shall only be responsible for maintaining the slabA. TENANT'S OBLIGATIONS. Tenant agrees, foundation at Tenant's sole cost and roof -------------------- expense, to take good care of the Leased Premises and keep same and all parts thereof, together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any equipment now or hereafter located in the Premises, including without limitation, water, sewer, gas, HVAC and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment, overhead cranes and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. Landlord has no other obligations whatsoever All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance or repairs and operation of the Leased Premises. Tenant shall keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any nature whatsoeverinsurance policies which may, either ordinary at any time, be required under the provisions of this Lease. Tenant shall not obstruct or extraordinarypermit the obstruction of any parking area, during adjoining street or sidewalk, provided, however, Tenant may utilize the term parking areas as may be reasonably necessary in connection with any alterations to the Premises performed by Tenant pursuant to the terms of this Lease except provided that landlord will be responsible for any HVAC repair/replacement above $500 per calendar year. Tenant assumes full shall not obstruct access to the Building or the parking areas and complete responsibility for all other repairs, replacements and maintenance shall not unreasonably interfere with the use of the Leased Premises, including but not limited to painting, wall covering, floor covering and all non-structural elements of the Leased Premises and any appurtenances, structures or improvements thereon. If Tenant refuses or neglects to perform maintenance or make repairs or replacements, or if Landlord is required to make repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but not be obligated, to perform maintenance or make such repairs or replacements on behalf of and for the account of Tenant; in such event, such work shall be paid for by Tenant as additional rent promptly upon receipt of a xxxx. All maintenance, repairs and replacements for which Tenant is obligated hereunder shall be approved same by Landlord prior to their commencement and shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to Landlord prior to commencement of any work. Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, obligations and expenses, including attorney fees, arising from or in any way connected with such work. Tenant shall only use a licensed contractor for any such work; Tenant warrants that the contractor and all subcontractors, laborers and suppliers shall be paid in a timely manner; and Tenant hereby indemnifies Landlord (including attorney fees) against liens for any work performed, material furnished, or obligations incurred by or on behalf of Tenant, Tenant shall keep the premises and the Building free from any such liens, and Tenant shall discharge or bond any lien filed within ten (10) days after the filing thereof. 11third parties.