Common use of Maintenance Clause in Contracts

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.

Maintenance. The Lessee (a) Subject to the provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the entire Term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense expense. Such replacement items shall maintainbe of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, service Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the Leased Property cost thereof shall become due and payable as additional rent by Tenant to keep it Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant. (ib) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment (HVAC) in the Premises. (c) Tenant shall furnish (at Tenant's costs and expense as good operating condition hereinafter set forth) trash and as capable garbage receptacles and the removal of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity trash and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasegarbage from said receptacles.

Maintenance. The Lessee shall at its sole cost keep and expense shall maintainmaintain the Premises and appurtenances and every part thereof (except foundations which Lessor agrees to repair), service including windows and repair skylights, if any, sidewalks adjacent to said Premises, the Leased Property to keep it (i) exterior roof and exterior walls, and any storefront and interior of the Premises in as good operating good, safe and sanitary order, condition and as capable repair, hereby waiving all right to make repairs at the expense of operating at Design Capacity as when new in accordance with the Plans, (ii) in Lessor whether or not such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management right arises by operation of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party law or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyotherwise. In the event of it becomes necessary to repair or replace the exterior roof, any damage such work shall be performed in accordance with Lessor's specifications then in effect. Lessor shall have the responsibility to or destruction paint the exterior walls of the Leased PropertyPremises, at Lessee's sole cost and expense, no more often than every five (5) years from the date of the last such painting. Lessee agrees to promptly reimburse Lessor for all reasonable costs incurred in connection with such painting activity after Lessor shall have given within notice of such costs to Lessee but in no event shall such reimbursement be later than the due date of Lessee's next installment of rent. Except as expressly provided in this Lease, Lessor shall have no duty, obligation or liability whatsoever to care for or maintain the Premises or the building of which the Premises may be a portion, including but not limited to structural or nonstructural portions of the Premises and all adjacent sidewalks, landscaping maintenance, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises. In the event that by any express provision of this Lease, Lessor agrees to care for, repair or maintain all, or any part thereofof the Premises or the building of which it is a part, such agreement on the part of Lessor shall constitute a covenant only, and no obligation or liability whatsoever shall exist on the part of Lessor to Lessee or any other person by fire or other casualty, reason thereof unless and until Lessee shall have first served upon Lessor personally a prior thirty (30) day notice in writing specifying with particularity the provision of this Lease shall be terminated pursuant whereunder said duty on the part of Lessor is claimed to Section 13exist, together with the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition repairs required to be maintained made by Lessor in the performance of such duty. In the event Lessor fails to make the repairs required to be made by Lessor under the terms of this Lease, Lessee may (but shall be under no obligation to do so) make said repairs and offset the cost thereof against the next installment of rent together with interest at the rate set forth in paragraph 34 below, from the date of Lessee's payments. In the event Lessee fails to make the repairs required to be made by Lessee under the terms of this Lease, Lessor may (but shall be under no obligation to do so) enter upon the Premises and make said repairs and charge the cost thereof to Lessee as part of the next installment of rent together with interest at the rate set forth in paragraph 34 below, from the date of Lessor's payments, and Lessee promises and agrees to pay the cost thereof.

Maintenance. The Lessee Lessee, at its sole cost and expense expense, shall maintainmaintain and ----------- keep in good repair all portions of the Premises, service including without limitation the roof, foundation and repair the Leased Property concrete walkways and parking surface areas thereof. In addition, Lessee, at its sole cost and expense, shall maintain all portions of the interior of the Premises, including without limitation, plumbing, electrical, piping, fixtures, equipment, painting or decorating of any kind, and shall be responsible for all glass frames that may be broken or damaged. Lessee shall also be responsible for the repair, maintenance and replacement of the heating and air conditioning system in said Premises. Lessee further agrees to keep it (i) replace the whole or any portion of the sewerage and sanitary fixtures should the need arise, at its sole cost and expense. Upon expiration or termination of this Agreement, Lessee shall redeliver possession of the Premises in as good operating condition as at the commencement of the term of this Agreement, reasonable wear and as capable tear only excepted. Lessee shall not construct or install any signs on the Premises without the prior written consent of operating at Design Capacity as when new in accordance with Lessor. Any such signs placed on the Plans, (ii) in such condition so as to have Premises by Lessee shall be and remain the capacity property and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansresponsibility of Lessee, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair cause to be removed from said Premises any and maintenance standards and schedules as are required to enforce warranty claims against all signs so placed at the manufacturers and suppliers termination of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same Agreement so that upon the completion of such repair, restoration or rebuilding the Leased Property shall Premises will be in the same condition required as before said signs were placed thereon. All signs shall be approved by Lessor prior to placement on the provisions of this Section 8(a) and so that Premises. Lessee shall be responsible for keeping the value and utility paved parking area of the Leased Property Premises clean and free of debris. Lessee shall also be at least equal to responsible for the value painting and utility maintenance of any parking stripes that may be placed on said parking surface, and for the upkeep of the Leased Property immediately prior to grass on the occurrence of such casualty assuming that Premises. Lessee shall keep the Leased Property was then in the condition required to be maintained by the terms of this Leaseentire Premises free for debris.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair With regard to maintenance the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, Respondent excuses himself from this obligation in the prudent management settlement agreement on ground that the two minor children are now living with him and he supports them. Maintenance in respect of its own properties, maintain, service and repair similar property owned by minor children is of course a burden that rests on both spouses according to their respective means. In the Lessee and settlement agreement the ages of the two minor children has not been fixed in any event, respect of the time that the obligation to pay maintenance would last. Normally an order in respect of maintenance becomes inoperative as soon as a minor becomes self-supporting or becomes a major. I have already alluded to the extent required lack of particularity in this respect in the papers before me. The Respondent obviously took it upon himself to maintain the Leased Property two minors, who are now living with him. Also in good repair this regard, the order that the Applicant seeks, is unenforceable. [22] The paramount consideration of the Applicant in bringing this application is obviously the property-issue. The Applicant's allegations in this regard seems to be a manner consistent with prudent industry practice misinterpretation of the property provisions quoted earlier herein. It also appears to me that the main complaint of the Applicant is that she will now loose her right in respect of a life long usufrutus in respect of the new house that has to be bought from the proceeds of the sale of the house that they were living in when they entered into the settlement agreement and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result house has to be registered jointly in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers names of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies minor children. It is important therefore to analyse the particular provisions under the heading "Property" in effect with respect to the Leased Propertydeed of settlement. The Lessee shall maintain at its principal place of business a maintenance log with respect to [23] All the Leased Property, which shall include other provisions regarding the dates and details of all material maintenance and repairs performed property-issue depends on the Leased Property. In provision that the event of any damage to or destruction of house in which the Leased Propertyparties were living when they entered into the settlement agreement, or any part thereofis sold, by fire or other casualty, unless this Lease shall and that sale should not be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and a loss so that the value proceeds derived from that sale can be utilised as a deposit to purchase another house of which the purchase price should not exceed N$800 000.00. Although it is not stipulated who will be responsible to sell the house, the parties apparently were ad idem that the Respondent will have that responsibility. Furthermore, the house must not to be sold at a loss. It is not stipulated that it should be sold at a profit. The 'proceeds' of such sale has to be utilised to purchase a more affordable house. The word 'proceeds' is to be understood in law to be 'profit'. (Claasen-Dictionary of Legal Words and utility Phases, Volume 3, P-108). In Estate Khan v B ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and Co 1930 NPD 316 the court held that "proceeds" means "net proceeds". My understanding of this provision is that if sale does not yield any proceeds or profit, there would not be any money to be used for a deposit on another house. What is also not stipulated in this provision is when such more affordable house has to be purchased. Even if the sale of the Leased Property shall existing house would be at least equal profitable, there is no obligation when another house has to be purchased, except that it would obviously have to be within a reasonable time. However, without any profit from that sale, this consideration is irrelevant. [24] The next paragraph regarding the issue of property in the settlement agreement provides that the Respondent will make a contribution towards the instalments in respect of the new more affordable house that the parties envisaged will be bought. Although not stipulated, instalments apparently mean bond instalments. The first issue that clearly arises from this provision is that the Respondent's contribution is stipulated as his housing subsidy. It is not clear whether the Respondent will be entitled to housing subsidy if he does not have a house yet, but he will apparently receive a housing subsidy once a house is bought. The other inference that may be drawn from the wording of that paragraph is that he would not be only one to make a contribution to the value and utility instalments, but the Applicant also. If there is a profit from the sale of the Leased Property immediately prior previous house it has to be utilised as a deposit on the occurrence new house, but in respect of such casualty assuming the monthly instalments, it appears that the Leased Property was then Respondent is limited to his housing subsidy and the rest of the instalments has to be paid by somebody else. The settlement agreement is silent in this regard, but it can only be the Applicant that will be responsible for the balance of the monthly instalments. [25] The last provision in respect of the property issue is also incomprehensible. It makes provision for the registration of the new house in the condition required names of the minor children. Of course that is again subject thereto that the first provision is feasible, namely to sell the house at a profit. Whether there can be maintained by implementation of the terms previous provision of the contribution of the Respondent's housing subsidy in respect of a house not registered into his name, but in the name of someone else, in this Lease.case the minor children, remains an open question. However, the papers are silent on this issue and I shall not give it further attention. What is incomprehensible is the remainder of that provision, namely the retention of a life long usufrutus in favour of the Applicant. Reading of that sentence does not make any sense to me. The remainder of the sentence reads:

Maintenance. The Lessee Except for “Landlord Maintenance Obligations” as specified below in this Section 8 and repairs and replacements to be made by Landlord under its warranty obligations set forth in Section 12 of the Work Letter, during the term of this Lease, Tenant shall, following the date each Phase is available for occupancy by Tenant, at its sole cost and expense, keep and maintain in good, first-class repair and condition (making any and all repairs, replacements or renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, interior or exterior appropriate to achieve such a state of repair) the Work and all other portions of the Premises, including, but not limited to, maintenance, repairs and replacements of all parking lots, driveways and sidewalks, including, but not limited to, snow and ice removal, lawn and landscape maintenance, window and interior/exterior cleaning, roof maintenance, and all other maintenance, repairs and replacements to all portions of the Premises, including, but not limited to, dock equipment and electrical, plumbing, heating, ventilation and air conditioning (“HVAC”) systems, alarm, sprinkler and life safety systems. The maintenance, repair and replacement of the Access Drive shall be the responsibility of Tenant and at such time as the adjacent property is developed and is using the Access Drive, Landlord shall cause an agreement for use and maintenance of the Access Drive to be established, in form and substance reasonably acceptable to Tenant, which, among other items, will provide for a reimbursement to Tenant of an allocated share of maintenance, repair and replacement expenses attributable to the Access Drive on a commercially-reasonable basis. Thereafter, Tenant shall be responsible for the costs of the Access Drive so allocated to the Premises. Notwithstanding the foregoing, the following items (“Landlord Maintenance Obligations”), shall be the responsibility of, and shall be at the sole cost and expense shall maintain, service and repair the Leased Property to keep it of Landlord (except as hereinafter set forth): (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plansany damage caused by Landlord or its agents, employees or contractors, (ii) in such condition so as any repairs or replacements required due to have Landlord’s (or its employees’, agents’ or contractors’) failure to comply with its obligations under the capacity and functional ability to performLease, on a daily basis in commercial operation, including its obligation under Section 12 of the functions for which it was designed, in accordance with the PlansWork Letter, and (iii) any necessary (1) replacements of the roof, HVAC, parking lot or other items that would ordinarily be capitalized under GAAP and have a useful life of more than ten (10) years, or (2) repairs or replacements of structural walls, footings, foundation, floor slabs and interior load bearing walls, columns, beams, struts, ties, plates, joists, trusses and items of similar character, of the Building. Landlord shall give Tenant advance notice of the replacements in (iii) above and shall have no obligation to commence any such condition repairs or replacements until requested in writing by Tenant. Notwithstanding anything herein to the contrary, within twenty (20) days after demand therefore, along with invoices and reasonable supporting documentation, from time to time, Tenant shall reimburse Landlord (a) annually for the annual amortization of the cost of replacements described in (iii) above, as the Lessee would, amortized over their useful life as determined by Landlord in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and reasonable discretion in any eventaccordance with GAAP, to the extent required to maintain the Leased Property amortization of any such costs occurs during the term of this Lease (with Landlord being responsible for the balance of such costs not amortized over the balance of the term of the Lease (only taking into consideration Renewal Terms actually exercised by Tenant)), and (b) for the costs of all repairs of such items described in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result (iii) above. Nothing in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee foregoing sentence shall comply with such repair and maintenance standards and schedules as are required be deemed to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies make Tenant liable for matters in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property(ii) above. In the event of any damage Tenant exercises its option for the Renewal Term, replacement costs that were being amortized during the Initial Term shall continue to or destruction be amortized during the Renewal Term to the extent of the Leased Propertyuseful life of the replacement. Landlord and Tenant shall perform their respective maintenance, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expenserepair and replacement obligations in a customary and good and workmanlike manner, with reasonable promptness, repair, restore or rebuild the same so that upon the completion materials of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be a quality at least equal to that originally used, consistent with the value Premises being a first-class suburban building. Tenant shall keep the Premises, including the Building and utility the Land, in a neat and good condition. Tenant agrees to furnish and pay for any and all janitorial, cleaning, trash collection and other similar services relating to the maintenance and sanitation of the Leased Property immediately prior Building on a regular basis. Tenant shall contract with a reputable HVAC contractor reasonably approved by Landlord for the routine maintenance and repair of the HVAC systems, and shall provide inspection reports to Landlord when requested from time-to-time. Tenant reserves the right to retain a third- party property manager to manage the Premises consistent with Tenant’s obligations under this Lease, at Tenant’s sole cost and expense. Notwithstanding anything herein to the occurrence contrary, Tenant shall be responsible, at its sole cost and expense, for any damage caused by Tenant, its employees, agents or contractors. Except as stated above, and, as to each Phase, following the date such Phase is available for occupancy by Tenant, Tenant waives the right to (a) require Landlord to maintain, repair or rebuild all or any part of such casualty assuming that the Leased Property was then Premises, or (b) make repairs at the expense of Landlord pursuant to any legal requirements, contract, agreement, covenant, condition or restriction at any time in the condition required to be maintained by the terms of this Leaseeffect.

Maintenance. The Lessee Tenants agree at Tenant’s sole cost and expense, to take good care of the Premises and keep and maintain same and all pans ‘thereof, including, but not limited to, the Initial Improvements, the entire interior and exterior thereto, alters, floor coverings, roof, structure, windows, glass, plate glass, ceilings, skylights, interior and exterior and demising walls, doors, electrical systems, lighting fixtures and equipment, plumbing systems and fixtures, sprinkler systems, heating, ventilating and air conditioning systems, loading docks, areas and doors, rail space areas, fences and signs, and all other pipes, mains, water, sewer and gas connections and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises 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 shall maintainexpense, service promptly make all necessary repairs and repair replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Leased Property Premises, including, but not limited to keep it (i) the entire interior and exterior of the Initial Improvements, any equipment now or hereafter located in as good operating condition or on the Premises, all floors, floor coverings, roof, structure, windows, glass, plate glass, ceilings, skylights, interior and as capable of operating at Design Capacity as when new demising walls, doors, electrical systems, lighting fixtures and equipment, plumbing systems and fixture, sprinkler systems, heating, ventilating and air conditioning systems, loading docks, areas and doors, rail space areas, fences and signs, connections, pipes, mains, water, sewer and connections, and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in accordance conjunction with the PlansPremises. All such maintenance, repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the 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 (ii) in such condition and shall perform all maintenance and repairs thereto so as not) to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designedinvalidate, in accordance with whole or in pan, or prevent the Plans, and (iii) in such condition as the Lessee would, in the prudent management procurement of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallmay, at its own expenseany time, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by under the provisions of this Section 8(a) and so that Lease. Tenant shall not obstruct or permit the value and utility obstruction of the Leased Property any parking area, adjoining street or sidewalk. The foregoing obligations of Tenant shall not be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required deemed to be maintained by the terms a waiver of this LeaseTenant’s rights under Section 4.8 hereof.

Maintenance. The Lessee At all times during the Term, Tenant shall maintain the Premises commensurate with a first-class standard consistent with instructional sites of state universities of similar size and quality, and, in all events, in a manner reasonably expected to protect and preserve the assets that compose the Premises. Tenant shall budget and endeavor to obtain such funds as are necessary to maintain the Premises at its sole cost or above the standard set forth above, reasonable wear and expense tear excepted. During the Term, Tenant shall maintainmaintain (and repair, service replace and alter as necessary) the entirety of the Premises, including but not limited to fixtures, improvements, appurtenances, roofs, ceilings, walls, foundations, floors, plumbing, mechanical, electrical, HVAC systems, building systems, pipes, doors, windows, glass, and all other equipment and all personalty located on or about the Premises, in a safe, clean, sightly, and sanitary condition and in good order and repair and in the Leased Property same condition as they were at the Commencement Date, reasonable wear and tear excepted. Except for routine and regular maintenance activities that may be undertaken by Tenant’s facilities department, Tenant shall utilize appropriately licensed and fully bonded and insured contractors with regard to any maintenance, repair or replacement issues conducted on the Premises that extend beyond regular and routine maintenance, repair and replacement. Tenant shall maintain (and repair and replace as necessary) all pavement, parking areas, driveways, sidewalks, curbs, gutters, landscaping located on the Premises, or otherwise used in connection therewith in good order and repair, reasonable wear and tear excepted. Tenant’s maintenance obligations shall include, without limitation, maintenance, repairs, remediation, renovations, and improvements necessary to keep it the Premises in compliance with all applicable federal, state, or local laws, rules, and regulations, including without limitation Environmental Laws (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationdefined below), the functions for which it was designedAmericans with Disabilities Act (“ADA”) and any similar applicable state or local access laws, and applicable requirements of the Tahoe Regional Planning Agency (“TRPA”). During the Term, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, replace, renovate, retrofit or maintain the Premises or any portion thereof. If the payment of any of the costs, expenses, and liabilities set forth in accordance with this paragraph are subject to the Planssovereign immunity limitations set forth in NRS Chapter 41 or indemnification limitations in NRS Chapter 333, and (iii1) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as expenses are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed not covered by any policy of insurance policies required under this Lease, and (2) Tenant does not otherwise pay all such amounts in effect with respect excess of those limits, then Landlord shall have the right to terminate the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms 19 of this Lease.

Maintenance. The Lessee (i) So long as Sublessor has not committed a breach of its covenant of quiet enjoyment which shall have the effect of depriving Sublessee of the use or possession of the Aircraft, during the Sublease Term and until the Aircraft is returned to Sublessor, Sublessee shall, at its sole cost and expense shall expense, service, inspect, test, maintain, service overhaul and repair the Leased Property Aircraft, the Engines and all of the Parts in accordance with Sublessee's FAA approved airworthiness maintenance and inspection program, a copy of which has been or will be delivered to Sublessor on or prior to the Commencement Date (the "Maintenance Program") and in Conformity with the rules and regulations of the FAA, (A) so as to keep it (i) the Aircraft in as good condition (operating condition and as capable of operating at Design Capacity otherwise), appearance and repair as when new delivered to Sublessee hereunder, ordinary wear and tear excepted and otherwise to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under applicable law, and to be and remain registered in the United States pursuant to the Federal Aviation Act, and (B) in the same manner and with the same care as used by Sublessee with respect to similar aircraft and engines owned or operated by Sublessee (it being the intention of the parties hereto that Sublessee shall not discriminate against the Aircraft in respect of any maintenance matters). Sublessee shall be authorized to amend its Maintenance Program; provided, however, that notwithstanding such amendment, the Maintenance Program shall, it all times during the Sublease Term, be in full conformity with the requirements set forth above and, further provided, that Sublessee shall have obtained Sublessor's prior written consent to any material amendment or change in or to the Maintenance Program. All service, inspection, maintenance, modification, repair and overhaul shall be performed or caused to be performed by Sublessee in accordance with all applicable FAA requirements and under the Maintenance Program, and shall be accomplished in accordance with all applicable service, inspection, maintenance, modification, repair and overhaul manuals and bulletins published by the Manufacturer or the manufacturers of the Engines or engines, equipment, accessories or Parts installed on the Aircraft. Without limiting the generality of the foregoing or the obligations of Sublessee hereunder, Sublessee agrees that such maintenance and repairs will include but will not be limited to each of the following: (A) to perform in accordance with the Plans, Maintenance Program all routine and non-routine maintenance work; (iiB) in such condition so as to have the capacity and functional ability to perform, comply on a daily terminating basis in commercial operationwith all outstanding mandatory orders, airworthiness directives and instructions issued by the FAA affecting the Aircraft that have an effective date for compliance prior to, or sooner than one hundred eighty (180) days after, the functions return date of the Aircraft; (C) to incorporate in the Aircraft all service bulletins of the Manufacturer, the Engine manufacturer and other vendors which Sublessee schedules to incorporate during the Sublease Term on aircraft or engines in its Boeing 737 fleet; (D) to incorporate in to maintenance schedule for which it was designedthe Aircraft a corrosion control program as recommended by Manufacturer and the FAA and to carry out such work as may be required to comply therewith, including periodic inspections of fuel tanks, periodic inspection and clean-up under galleys and lavatories, the cleaning and treating of all mild and moderate corrosion and the correcting of all severe and exfoliated corrosion in accordance with the Plans, and recommendations of the Manufacturer; and (iiiE) in such condition as the Lessee wouldto maintain, in the prudent management of its own propertiesEnglish language (1) the Aircraft Documentation and (2) any other records, maintainlogs or other documents, service information or materials relating to the service, inspection, testing, maintenance, modification, overhaul and repair similar property owned of the Aircraft, any Engine and any Part which are required by the Lessee FAA or by applicable law, all of which shall at all times be kept current and up-to-date, shall conform with the laws of any Government Entity having jurisdiction and with normal practices of commercial air carriers, shall disclose the location of any Engine or Part not installed on the Airframe and shall be made available for review by Sublessor on reasonable notice. (ii) Sublessee shall have designated persons in any eventits employment authorized by the FAA to perform service, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Lawsinspection, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such modifications repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers alterations of the Leased Property Aircraft, and to return the Aircraft to Sublessee's revenue service after such performance has been accomplished by Sublessee or which are otherwise established shall have the same performed on its behalf by such manufacturers an FAA approved repair and suppliers as recommended operating procedures and any standards imposed by any insurance policies overhaul station in effect conformity with respect to the Leased PropertyFAR 145 ("Approved Repair Facility"). The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased PropertyFor purposes hereof, which shall include the dates and details of all material Sublessor acknowledges that Sublessee's maintenance and repairs performed on in connection with "C" checks and "D" checks (or the Leased Propertyequivalent thereof) are being Performed by Tramco, Inc. of Seattle, Washington. In the event of any damage to Sublessee has a third party accomplish, on a continuous basis, some or destruction all of the Leased Property, or any part thereof, maintenance requirements under the Maintenance Program (excluding "A," preflight and transit checks) such maintenance by fire or other casualty, unless this Lease shall said third party must be terminated pursuant to Section 13, the Lessee shall, at its own expense, accomplished in accordance with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a6(a). Sublessor shall be entitled and Sublessee shall ensure that Sublessor is permitted to reasonably visit the facilities of any such third party maintenance performer to inspect the maintenance work performed on and the maintenance records of the Aircraft including any Engine or Part. (iii) Sublessor may request that Sublessee accomplish changes desired by Sublessor to the Aircraft during Sublessee's layup of the Aircraft for maintenance under the Maintenance Program in those circumstances where such changes are not required under this Section 6(c). No such request shall be unreasonably denied by Sublessee provided that no such changes shall require Sublessee to keep the Aircraft out of service for any longer period than the period which Sublessee's maintenance of the Aircraft was scheduled to require. With respect to such requested changes, Sublessor, at its expense, shall provide retrofit kits of parts and so installation instructions to Sublessee. Sublessor shall, within thirty (30) days (or such earlier period as may be required by any Authorized Repair Facility performing the requested change(s)) of receipt of an invoice detailing the same, pay all costs thereof which costs shall have been agreed upon prior to performance of the requested changes. (iv) Sublessee shall give Sublessor not less than thirty (30) days' prior written notice of the anticipated date, location and Approved Repair Facility in respect of any "C" check or "D" check (or its equivalent) to be performed on the Aircraft. (v) Repairs will be accomplished as follows: (A) any repair to the Aircraft shall be accomplished pursuant to the appropriate manufacturer's repair manual instructions under an FFA approved program; and (B) any material repair to the Aircraft that is not covered by appropriate manufacturer's repair manual instructions shall be subject to Sublessor's prior written approval and shall be made under an FAA approved program. (vi) Notwithstanding anything to the contrary contained herein and provided that the value and utility of the Leased Property same shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by not violate the terms of or conflict with any lease, sublease, credit or security agreement to which such engine, an aircraft engine that is not an Engine, but that is installed on the Airframe, shall be maintained in accordance with this LeaseSection 6(a).

Maintenance. The Lessee at its sole cost (a) Landlord shall keep and expense shall maintain, service maintain in good order and repair and in a first class manner the Leased Property Building, including the Building structure and systems, the foundation, roof, exterior walls, elevators, electrical, plumbing, HVAC systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking garage and common areas and facilities. Landlord shall be responsible for causing the lobby, other common areas, and exterior areas, sidewalks, driveways, parking garage, exercise facility, entrances and core area restrooms on all floors leased by Tenant to keep it comply with the requirements of Title III of the ADA, all Environmental Laws (hereinafter defined), provided however, that with regard to the bathrooms on the floors leased by Tenant (i) Landlord shall install in each an alarm visual strobe and insulate the sink hot and drain pipes that are exposed under the counter tops, and (ii) Tenant shall perform all ADA changes required as good operating condition and as capable a result of operating Tenant installing, at Design Capacity as when new Tenant's expense, a rear door in the womens' bathrooms, which doors Landlord consents to Tenant installing, provided they are installed in accordance with the Plansapplicable laws, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules codes and regulations, noncompliance with which might result in . Landlord agrees that the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by base Building fire or other casualty, unless this Lease alarm system shall be terminated pursuant adequate to Section 13, accommodate the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition strobes and annunciators required by the provisions of this Section 8(a) and so that the value and utility District of Columbia Code to be installed in the Premises by Tenant as part of the Leased Property Tenant Improvement Work. Where Improvements or any other alterations made by Landlord or by Tenant after execution of this Lease trigger "path of travel" requirements under the ADA, the party making such alterations shall be responsible for satisfying such requirements. Any changes to the Building necessary to cause such common and public areas to comply with the requirements of Title III of the ADA or Environmental Laws shall be at least equal Landlord's expense and shall not be included in the Operating Expenses of the Building, unless such changes are required by the construction of Improvements by or for Tenant or by any other act or omission of Tenant, in which case shall be solely responsible for all costs of any such changes. In addition, Landlord shall remedy, as promptly as is feasible under the circumstances, any material interruption of the Services to be provided to Tenant as set forth in Paragraph 8, above. The Landlord shall in no event be required to make repairs to leasehold improvements made by the Tenant, or to make repairs to wear and tear within the Premises. The Tenant agrees to deliver notice to the value and utility Landlord, as promptly as is reasonable under the circumstances, of any defective condition in or about the Premises known to the Tenant which the Landlord is required to repair hereunder; provided, however, that the Tenant's failure to report to the Landlord any such defective condition shall not relieve the Landlord of the Leased Property immediately prior Landlord's obligation to repair any such defective condition promptly upon learning of the need for such repair. (b) Except to the occurrence extent a violation is caused by Tenant or any invitee of Tenant, Landlord shall be responsible for causing the Building to comply with all applicable federal and local laws, ordinances, regulations and orders governing asbestos and Hazardous Materials ("Environmental Laws"). Any action necessary to cure a violation of any Environmental Laws shall be at Landlord's expense and shall not be included in the operating Expenses of the Building, except that any violation caused by Tenant or an invitee of Tenant shall be cured at Tenant's sole cost. (c) Landlord shall retain an expert indoor environmental quality consultant (the "Landlord's IAQ Consultant") who shall conduct testing (and prepare written reports of such casualty assuming that testing) of the Leased Property was then indoor air quality of the Building and such other indoor environmental factors as are reasonably tested in first-class office buildings (collectively, "IAQ") one (1) time every other calendar year, for the condition required to be maintained by purpose of determining the terms normal and acceptable IAQ of this Leasethe Premises and the common areas of the Building.

Maintenance. The Lessee (a) During the Term, Tenant, at its sole expense, (i) will maintain or cause there to be maintained, and will keep or cause there to be kept, the Premises in good condition and in as reasonably safe condition as its operations permit, and (ii) will make, or cause there to be made, all necessary and proper repairs, renewals, replacements and substitutions thereof (A) resulting from or required by ordinary wear and tear, or want of care, on the part of Tenant or other cause, or (B) required to keep, place and maintain the Premises in good and efficient operating condition. Tenant will not commit or allow any waste with respect to the Premises, and will not remove, or permit the removal of, any fixtures at any time constituting part of the Premises; provided that in accordance with Section 3.01(a), Tenant may remove such fixtures constituting a part of the Premises as are necessarily required upon the repair, renewal or replacement of the Premises as aforesaid, and the fixtures substituted therefor shall constitute part of the Premises. (b) Tenant will at its own cost and expense provide and maintain all obstruction lights if required and similar devices, fire protection and safety equipment, and all other equipment of every kind and nature required by any laws, rules, regulations and requirements of any Governmental Authority having jurisdiction over the Premises or the Airport, including the Airport Rules and Regulations. (c) During the Term, Tenant shall maintainbe responsible for providing its own security with respect to the Premises, service and the same shall be at Tenant’s expense. (d) Tenant shall, upon reasonable advance notice from Authority, promptly remove or repair any and all structures not authorized by this Agreement or which may, by reason of use or neglect, become unsound, unsafe or hazardous, and in the case of Tenant’s failure to remove or repair the Leased Property same, Authority may remove or repair such structures without liability to keep it Tenant or others for damages, and Tenant shall pay the cost of such removal or repair to Authority as additional rent hereunder. (ie) Tenant shall not perform, or permit any other Person under its control to perform, any work on the Premises relating to any repairs, revisions or alterations thereof unless Tenant shall have first obtained any required permits or authorizations from any Governmental Authority having jurisdiction over the Premises or the Airport, and all such work shall be done in as a good operating condition and as capable workmanlike manner and in compliance with the laws, statutes, regulations, ordinances and rulings of operating at Design Capacity as when new any Governmental Authority having jurisdiction over the Premises or the Airport, including the Airport Rules and Regulations and all applicable building, zoning and other laws, ordinances and governmental regulations and requirements, and in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Lawsrequirements, rules and regulations, noncompliance with which might result regulations of all insurers of the Premises. Authority agrees to join in the imposition application for any required permit and authorization whenever application by it is required for such permit or authorization, and Tenant shall, as additional rent hereunder, indemnify and reimburse Authority for all costs and expenses which may hereafter be incurred by Authority in connection therewith. (f) Tenant shall at all times keep the Premises, together with all property of a penalty on any Indemnified Party Tenant located in or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyPremises, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the an orderly condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseappearance.

Maintenance. The Lessee at its sole cost Lessor shall not be called upon and expense shall maintainhave no obligation to make any repairs, service and repair improvements or alterations whatsoever to the Leased Property to keep it Premises except that during the term of this Lease, Lessor shall maintain the exterior walls (ibut not glass, plate glass, doors or painting) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansstructural repair, and (iii) in such condition as shall keep the Lessee wouldroof of the building watertight; provided, in the prudent management of its own propertieshowever, maintain, service and repair similar property owned by the Lessee and in that Lessor shall not be required to make any event, repairs to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, roof or any part thereofof the Premises until written notice of the need for such repairs is given to Lessor by Lessee. It is further provided that Lessor shall not be liable for or required to make any repairs, or perform any maintenance, to or upon the Premises which are required by, related to or which arise out of negligence, fault, misfeasance or malfeasance of and by fire Lessee, its employees, agent, invitees, licensees or other casualtycustomers, unless this Lease in which event Lessee shall be terminated pursuant to Section 13solely responsible therefore; and if such repairs are undertaken by Lessor, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property it shall be solely at the expense of Lessee and Lessee shall pay said amounts within 30 days of receipt of billing therefor, or in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property alternative shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then considered in the condition required to be maintained by default under the terms of this Lease. Lessee shall repair, service, keep and maintain the interior of the Premises, including all plumbing, wiring, piping, sprinkler system, and fixtures, doors, equipment and appurtenances in good and substantial repair and in a condition of first class appearance during the entire term of this Lease and shall replace all glass in the windows and doors broken during the Lease term. Lessee agrees to make repairs promptly as they may be needed at Lessee's expense.

Maintenance. The Lessee Tenant shall keep and maintain the interior parts of the leased premises in as good condition and repair as when possession, hereunder is given to Tenant, including, but not limited to: decorating and repair; plate glass and windows; carpet and flooring maintenance and repair, and the maintenance, repair and/or replacement of electrical light fixtures, bulbs, sockets, and plumbing. Tenant and Landlord shall, within ten (10) days of Landlord's execution of this Lease, jointly make an operational inspection of the hearing, air-conditioning, restroom facilities, and basic lighting systems. Any items not functioning at its the time of said inspection shall be repaired by Landlord at his expense. Thereafter, Tenant shall be responsible, at Tenant1 s sole cost and expense shall maintainexpense, service for the maintenance, replacement and repair of all interior electric and plumbing items, restroom facilities and lighting systems. Landlord will obtain, keep in effect, and pay for a. maintenance contract on the Leased Property air-conditioning and heating equipment servicing the leased premises. The cost of said maintenance contract, and any related repairs, replacements, modifications and/or other expenses relevant to keep it the air-conditioning and hearing system of the Center shall be reimbursed by Tenant to Landlord as an element of Additional Rent pursuant Paragraph 2, B. of this Lease. At the conclusion of the Tenant's tenancy at the leased premises, another joint inspection by Landlord and Tenant of the leased premises and the restroom facilities, and basic lighting systems (iincluding light bulbs and same's housing units) shall be made to determine their operational condition. Any repairs or replacements determined by such inspection shall be the responsibility of the Tenant to procure and pay in as good operating condition and as capable mil prior to the termination of operating the Lease term, or any extensions or renewals of same, or, at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationtie discretion of Landlord, the functions for which it was designed, in accordance with costs of any such necessary repairs or replacements shall be assessable against the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, Tenant's Security Deposit to the extent required of such deposit, and any remaining balance shall be immediately due and payable by Tenant to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in Landlord without protest At the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers option of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee Landlord, there shall maintain at its principal place be no termination of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Propertythis Lease, or any part thereofextensions or renewals of same, by fire or other casualty, unless this Lease shall be terminated termination of Tenant's obligations pursuant to Section 13this Lease, including, but not limited to, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility monthly payment of the Leased Property shall be at least equal to the value Base Rent, Additional Bent, Special Rent and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition other monies required to be maintained paid by Tenant pursuant to the terms of this Lease., until all costs and expenses associated with said repairs and replacements are paid in foil by Tenant. Tenant shall be responsible for repair and replacement of the plate glass and windows in the leased premises. Tenant shall immediately replace any cracked or damaged glass. Tenant must deliver the leased premises back to Landlord at the termination of this Lease, or any extensions or renewals of same, with all glass intact and free from cracks or damage of any kind or nature. Should damage or breakage occur due to fire or windstorm or the gross negligence of the Landlord, Landlord shall be responsible for such replacement. Tenant shall not permit or cause any lien or encumbrance to be attached to the leased premises or the Center and Tenant shall immediately cause same to be removed or satisfied upon the demand of Landlord. Tenant shall indemnify and hold Landlord harmless against loss arising from any such lien or encumbrance. Landlord shall maintain the exterior of the Center, the roof and structural members, the common areas, including the parking lots, sidewalks, and exterior lighting systems. Any repairs or replacements of said items made necessary by Tenant, Tenant's agents, invitees, customers and/or employees' misuse of same or through the negligence of Tenant, Tenant's agents, invitees, customers and/or employees, or by reason of alterations or modifications made by Tenant, shall either, at the sole discretion of Landlord, be performed by Tenant at Tenant's sole cost and expense, or performed by Landlord and charged to Tenant as Additional Rent due and payable within ten (10) days after demand for payment by Landlord Any repairs required of the Landlord shall only be performed or ordered by or under the direction of the Landlord or Landlord's agents. The Landlord shall not assume any responsibility for execution or payment of any work initiated by the Tenant without the Landlord's prior written approval. Any requests for repairs or maintenance to be performed by the Landlord must be in writing and delivered to the same location to which rental monies are sent. Landlord's Initials Tenant's Initials

Maintenance. The Lessee Grantor will, or will cause Tenants (as hereinafter defined) to, cause the Mortgaged Premises and every part thereof to be maintained, preserved and kept in safe and good repair, working order and condition, will abstain from and not permit the commission of waste in or about the Mortgaged Premises, and will comply with all laws and regulations of any governmental authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any, affecting the title to the Mortgaged Premises, or any part thereof. Grantor also will, or will cause Tenants to, from time to time make all necessary and proper repairs, renewals, replacements, additions and betterments thereto, so that the value and efficient use thereof shall be fully preserved and maintained and so as to comply with all laws and regulations as aforesaid. Grantor will not otherwise make any material modifications to the Mortgaged Premises without the written consent of Beneficiary; provided, however, that Beneficiary’s consent will not be required for any modification to the Mortgaged Premises that may be completed by Tenants under the terms of the Leases (as hereinafter defined) without the consent of Grantor. If the Beneficiary has reasonable cause to believe that the Mortgaged Premises is not in compliance with applicable laws and regulations (including environmental, health and safety laws and regulations), at the request of Beneficiary, from time to time, Grantor, at its sole cost and expense shall maintain, service will furnish Beneficiary with engineering studies and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect soil tests with respect to the Leased Property. The Lessee shall maintain at its principal place Mortgaged Premises, the form, substance and results of business a maintenance log with respect to the Leased Property, which shall include be satisfactory and certified to Beneficiary. Beneficiary agrees that Grantor shall not be required to pay the dates costs associated with such studies and details tests more than once in any Loan Year (as defined in the Note). If any such engineering studies or soil tests indicate any violation, of all material maintenance and repairs performed on the Leased Property. In the event of any damage to environmental, health, safety or destruction of the Leased Propertysimilar laws or regulations, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallthen Grantor, at its own sole cost and expense, will promptly take whatever corrective action is necessary to assure the Mortgaged Premises is in full compliance with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaselaw.

Maintenance. The Lessee covenants throughout the Term of this Lease, at its sole cost and expense expense, to keep and maintain the Leased Premises and all fixtures, equipment and systems therein, including all plumbing, backflow preventers, neutralization tank(s) (subject to Paragraph 29 hereof), sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment, all ceiling, doors and door frames, window glass and window frames, carpeting and flooring, inside walls of the Leased Premises, in good repair and condition, subject to ordinary wear and tear and damage by casualty (subject to Paragraph 19 hereof), making all repairs thereto as may be required. Lessor will deliver the Leased Premises in good order on the Commencement Date, subject, however, to ordinary wear and tear by the current tenant Zycos, Inc. and by Lessee, as Zycos, Inc.'s subtenant. With respect to the heating, ventilating and air conditioning ("HVAC") systems and equipment, Lessee shall maintainobtain and maintain in force during the Term of this Lease a maintenance contract with a reputable HVAC service contractor so as to insure that the HVAC systems and equipment are maintained on a regular, service preventive basis, including, but not limited to, regular changes of filters and belts, and regular preventive maintenance checks of refrigerant and pumps. Lessee shall not permit the Leased Premises to be overloaded, damaged, punctured, stained, stripped or defaced, nor suffer any waste. Lessee shall obtain Lessor's written consent before erecting any sign on the Leased Premises, except that Lessor agrees that Lessor will provide to Lessee signage space on the existing signage board(s) located outside the Building and shall reimburse Lessee for Lessee's reasonable one-time cost of installing Lessee's sign on the front of the Building. All of Lessee's signage shall conform to the existing signage styles. Notwithstanding the above, Lessee and Lessor shall share equally (50/50) the entirety of any capital expenditure related to plumbing, Building backflow preventers, sprinkler, heating, air conditioning, electrical and gas fixtures, systems and equipment (excluding (a) regular maintenance and repair, (b) replacement items which cost less than $500.00, and (c) items under maintenance contracts) which cost in the aggregate up to ten thousand and 00/100 dollars ($10,000.00) per year, with Lessor paying any excess over ten thousand dollars and 00/100 ($10,000.00) per year. Lessor agrees, at Lessor's sole cost and expense, to maintain and repair the Leased Property to keep it (i) roof and structure of the Building in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such same condition as it is at the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers commencement of the Leased Property Term or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies it may be put NOVIRIO LEASE AUGUST 21, 2001 in effect with respect to during the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms Term of this Lease, reasonable tear and wear, excepted, and damage by fire and other casualty excepted subject to Paragraph 19 hereof.

Maintenance. The Lessee (a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order condition and repair and accepts the Building and the other improvements in their present condition. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. During the term of the Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, at its Tenant's sole cost and expense shall maintainexpense. The Tenant agrees on the last day of the term hereof, service or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair with all interior walls cleaned, all interior painted surfaces repainted in original color, all holes in walls repaired, all stained or damaged suspended ceiling tiles replaced, all carpets shampooed and cleaned, and all floors cleaned and waxed. Tenant also agrees to surrender to Landlord all alterations, additions, and improvements which may have been made in, to, or on the Leased Property to keep it Premises by Tenant, except that Tenant shall ascertain from Landlord within thirty (i30) in as good operating condition and as capable days before the end of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as term of this Lease whether Landlord desires to have the capacity Premises or any part or parts thereof restored to their condition as of the commencement of this Lease. If Landlord shall so desire, then Tenant shall restore the Premises or such part or parts thereof before the termination of this Lease at Tenant's sole cost and functional ability to performexpense. Tenant on or before the end of the term or sooner termination of this Lease, on a daily basis in commercial operation, shall remove all its personal property and trade fixtures from the functions for which it was designed, in accordance with the PlansPremises, and all property not so removed shall be deemed to be abandoned by Tenant. If the Premises is not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding Tenant founded on such delay. (iiib) in such condition as Notwithstanding the Lessee wouldprovisions of ▇▇▇▇▇▇▇▇▇ ▇▇(▇), in ▇▇▇▇▇▇▇▇ shall repair and maintain the prudent management roof, exterior walls, and foundation of its own propertiesthe Building, maintainand plumbing, service air conditioning, heating and repair similar property owned electrical systems installed or furnished by the Lessee Landlord, and in any event, parking and landscaped areas and all other common areas appurtenant to the extent required to maintain the Leased Property Building, as provided in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable LawsParagraph 7(b), rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with unless such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on are necessitated in part or in whole by the Leased Property. In the event act, neglect, fault or omission of any damage duty by Tenant, or its agents, servants, employees or invitees, in which case Tenant shall pay to or destruction Landlord the entire cost of such maintenance and repairs. (c) Tenant hereby waives Section 1932.1 of the Leased PropertyCivil Code of California, as well as all rights to make repairs at Landlord's expense under Sections 1941.1, 1942 and 1942.1 of the said Code, or any part thereofsimilar or successor laws. Except as provided in Paragraph 23 hereof, by fire or other casualty, unless this Lease there shall be terminated pursuant no abatement of rent and no liability of Landlord by reason of any injury or interference with Tenant's business arising from the making of any repairs, alterations or improvements to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility any portion of the Leased Property shall be at least equal Building or the Premises or to the value fixtures, appurtenances and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseequipment therein.

Maintenance. The Lessee A. Subject to Section 8.B below, Tenant shall keep the Demised Premises and the fixtures and equipment therein in clean, safe and good operating condition, ordinary wear and tear excepted, and shall at its sole cost and expense shall maintainexpense, service promptly make all repairs and perform all maintenance, in and to the Demised Premises that are necessary to keep the Demised Premises in good order and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any eventa safe and rentable condition, to ordinary wear and tear excepted, but Tenant shall not be responsible for maintenance items expressly assumed by Landlord under the extent required to maintain terms of this Lease or maintaining the Leased Property in good repair Demised Premises in a manner consistent that is inconsistent with prudent industry practice and Tenant’s maintenance standards for the Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, upgrades or other improvements to the Demised Premises in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall order to comply with such repair and maintenance standards and schedules as are required any present or future laws, ordinances, regulations or orders of any governmental authorities having jurisdiction over the Demised Premises, subject to enforce warranty claims against the manufacturers and suppliers Section 18 of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertythis Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as are reasonably required to so maintain the Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so reasonably expended by Landlord shall be paid by Tenant, as Additional Rent, promptly after demand with interest at the Default Interest Rate defined in Section 24 of this Lease. Landlord shall have no liability to Tenant for any damage damage, inconvenience, or interference with respect to or destruction Tenant’s use of the Leased Property, or Demised Premises as a result of performing any part thereof, by fire or other casualtysuch work, unless this Lease caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors. Maintenance and repair of special tenant areas, facilities, kitchen/galley/coffee equipment, air-conditioning equipment servicing the Demised Premises only and all other furniture, finishes and equipment of Tenant and any Alterations (hereinafter defined) made by Tenant shall be terminated pursuant the sole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to Section 13do so, Tenant shall reimburse Landlord promptly for the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility actual cost of the Leased Property same. B. Landlord shall be at least equal repair and maintain (and replace as necessary, subject to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease) the following in good order, condition and repair in a manner that is comparable to the Building’s current condition: (a) the base Building systems serving the Demised Premises; (b) the common areas of the Building (including but not limited to the parking garage); (c) the foundations, and (d) exterior walls and roof of the Building. In addition, Landlord shall comply with the operational and maintenance standards and services set forth on Exhibit B attached hereto.

Maintenance. The Lessee Without limiting Tenant’s maintenance obligations set forth elsewhere in this Lease, Tenant, at its sole cost and expense expense, shall maintainmaintain all of the Premises, service excepting the Public Improvements, in good order and repair and in a clean, usable, orderly, attractive, safe and sanitary condition at all times and in compliance with the Leased Property Legal Requirements. Tenant shall make all necessary repairs and replacements to keep it (i) the Premises in as good operating condition and repair and to keep the Tennis Facility as capable a state of operating the art facility. Any unsightly or hazardous waste, trash or equipment on the Premises is strictly prohibited. All refuse generated by the operation of the Tennis Facility and any other Improvements, excepting the Public Improvements, shall be disposed of in accordance with all Legal Requirements in an expeditious and a sanitary manner. All refuse retained on the Premises shall be confined within secured sanitary confines, out of public view and maintained in such manner as to prevent noxious or unpleasant odors, and the Public Restrooms shall be kept clean and in good working order, adequately stocked with soap and all necessary paper products. Tenant shall be responsible for clearing and removing snow and ice from the parking lots on the Premises and from the sidewalks on the Premises. The County shall maintain the Access Road and subject to budget appropriations, shall maintain the remainder of the Park, excluding the Premises, to at Design Capacity least the County’s then current standards and shall invoice the Tenant for fifty percent (50%) of the costs incurred to maintain the Access Road. Tenant shall pay all related invoices submitted by the County to Tenant for such costs within thirty (30) days from the date of the invoice, and all such invoiced costs shall be deemed to be Additional Rent due under this Lease. Notwithstanding anything to the contrary contained herein, if the County is delayed in plowing or repairing the Access Road because of an Unavoidable Delay, as when new defined below, then Tenant shall have the right to plow and/or repair the Access Road in order to ensure continued pedestrian and vehicular access to the Premises and to otherwise maintain the safety and security of Tenant’s members, guests and invitees. In the event that Tenant exercises its rights of repair of the Access Road pursuant to this Section 5.9, Tenant may offset the actual reasonable costs it incurs for the repair from the fifty percent (50%) share of the costs that Tenant owes to the County for costs incurred by the County to maintain the Access Road. All of Tenant’s exterior maintenance shall be in accordance with the PlansCounty’s then current standards. Tenant may propose a general landscaping plan for approval by the County, (ii) in such condition so as to have the capacity and functional ability to performwhich approval shall not be unreasonably withheld, on a daily basis in commercial operation, the functions for which it was designed, in accordance conditioned or delayed. Tenant’s compliance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease general landscaping plan shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion deemed satisfaction of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseTenant’s day-to- day landscaping obligations.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) Unless otherwise expressly set forth in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationthis Lease, the functions LESSOR shall be responsible for which it was designed, in accordance with the Plans, and (iii) in such condition maintenance of the Building as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in follows: : repairing any event, structural damages to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on Building; undertaking any Indemnified Party damages or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect leakages with respect to the Leased Propertymain plumbing lines or electrical lines in the Building; maintenance of air conditioning equipment, DG Sets, elevators, electrical transformer, firefighting equipment; External security of the Building and for the common areas on 24X7 basis; Cleaning and maintenance of common areas; Sewage maintenance; External lighting and its maintenance; and General upkeep of the external portion of the Building. The Lessee LESSOR shall maintain at its principal place of business a maintenance log with respect keep the common areas in good and clean condition. The LESSOR shall also ensure that all major structural repairs in relation to the Leased PropertyDemised Property that may have to be carried out from time to time in order to repair leaks in the roof, which corrosion of water pipes, defective sewage lines etc, are carried out promptly and to the reasonable and commercial extent possible. The LESSOR shall include endeavor to cause as little disturbance as possible to the dates peaceful possession and details enjoyment of all material the Demised Property by the LESSEE. The LESSEE shall issue a written notice to the LESSOR intimating of any defect, damage or repair or other maintenance and repairs performed on the Leased Propertyto be carried out. In the event of any damage to or destruction failure of the Leased Property, LESSOR to initiate necessary and commensurate action required to carry out such repair or any part thereof, by fire or such other casualty, unless this Lease shall be terminated pursuant to Section 13maintenance work within ten (10) days of receipt of written notice from the LESSEE, the Lessee LESSEE may carry out such pending repairs or maintenance work and deduct the cost of such repairs from the Lease Consideration payable to the LESSOR. For such purpose, the LESSEE shall provide sufficient documentary evidence/proof as requested by the LESSOR to ascertain the costs incurred by the LESSEE towards carrying out such repair/maintenance work. Provided however that, if any major structural repairs are occasioned on account of negligence of the LESSEE, the LESSEE shall, at its own expensecost, with reasonable promptness, repair, restore carry out such repairs. The LESSEE shall adhere to the current aesthetics of the Building and shall not carry out any alteration to the Demised Property which may spoil or rebuild negatively affect the same so that upon current aesthetics of the completion of such repair, restoration or rebuilding the Leased Property Building. The LESSEE shall be solely and entirely responsible for the maintenance of the terrace which is allocated for the use of the LESSEE under this Deed. The LESSOR shall have the right of access to the terrace area for inspection and routine maintenance of equipment installed by the LESSOR for water supply, fire fighting purposes, as well as the lift motor rooms. The LESSEE shall be responsible for the maintenance of the interiors of the Demised Property and also to carry out any minor electrical and/or sanitary repairs or replacement of the fit-outs, electrical and plumbing fixtures, caused due to mishandling of the fittings and fixtures by ▇▇▇▇▇▇’S personnel. The LESSEE shall solely be responsible and liable for the interior, including any fixture, fit-outs and equipment installed and used by the LESSEE in the condition required by Demised Property, and if required, the provisions LESSEE shall take out adequate insurance to cover such equipment and installations. The LESSEE shall pay the maintenance charges as set out under Clause 4 in respect of this Section 8(a) and so the Demised Property promptly. It is clarified that the value and utility LESSEE shall have a right of action or claim against the LESSOR, in respect of any maintenance or repair to be carried out, subject to the LESSEE having promptly paid the maintenance charges as part of the Leased Property shall be at least equal to Lease Consideration within the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasetime period set out under Clause 4.

Maintenance. Notwithstanding anything to the contrary contained in the Lease, as of the date of this Fourth Amendment, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit B attached hereto. The Lessee maintenance obligations allocated to Tenant pursuant to Exhibit B (the “Tenant Maintenance Obligations”) shall be performed by Tenant at its Tenant’s sole cost and expense expense. The Tenant Maintenance Obligations shall maintaininclude the procurement and maintenance of contracts, service in form and repair substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Property respective Tenant Maintenance Obligations. Notwithstanding anything to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationcontrary contained herein, the functions scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in the Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the Lease, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which it was designed, in accordance with Tenant is responsible as part of the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair Tenant Maintenance Obligations in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in reasonably acceptable to Landlord within the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers requirements of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect Lease, Landlord shall have the right, but not the obligation, to provide Tenant with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.written

Maintenance. REPAIRS, REPLACEMENTS, ADDITIONS, ALTERATIONS, INSTALLATIONS 15.1 The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee Tenant shall, at its own cost and expense, keep and maintain the Premises in good order and condition, the whole as a careful owner would do. 15.2 The Landlord shall be entitled, at any time and from time to time, with reasonable promptnessnotice, to enter and examine the state of repair, restore maintenance, and order of the Premises. The Landlord may give notice to the Tenant requiring that the Tenant perform all maintenance and effect all repairs and replacements to which it is obliged pursuant to the terms hereof. Failure of the Landlord to give such notice shall not, however, relieve the Tenant from its obligations under section 14. 1. In the event that the Tenant fails to commence such maintenance, repairs, or rebuild replacements within fifteen (15) days of the Landlord's notice and to complete the same so that upon with reasonable diligence, the completion of such repairLandlord shall have the right, restoration but not the obligation, to elect, at its sole discretion, to cause the repairs, maintenance, or rebuilding replacements to be undertaken, and to charge the Leased Property shall be Tenant thereof, acting reasonably. Notwithstanding the foregoing, in the condition required by event of an emergency, the provisions of this Section 8(aLandlord shall have the immediate right, but not the obligation, without prior notice to the Tenant, to cause such repairs, maintenance, or replacements to be undertaken, and to charge the Tenant thereof acting reasonably. 15.3 The Tenant shall not make additions, installations, alterations, improvements, changes or additions to the Premises or any part thereof (collectively the "Improvements") and so that the value and utility without prior written consent of the Leased Property Landlord, which shall not be at least equal unreasonably withheld. As a condition precedent to obtaining the Landlord's consent, the Tenant shall submit to the value Landlord: 15.3.1 the plans and utility of the Leased Property immediately prior specifications relating to the occurrence Improvements; 15.3.2 all necessary permits from the appropriate public authorities; 15.3.3 the name of its contractor and proof, satisfactory to the Landlord, that such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.contractor is adequately insured against risks which a prudent contractor would normally insure against;

Maintenance. The Lessee at its sole cost and expense Tenant shall maintain, service and make all repairs, alterations and replacements (including, without limitation, all ordinary, extraordinary, foreseen and unforeseen repairs, alterations and replacements) necessary to operate and maintain the entire Premises in good condition and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Lawsapplicable laws, ordinances, rules and regulationsregulations and any recorded covenants, noncompliance with which might result conditions or restrictions relating to the Premises, and shall surrender the Premises when required by this Lease in good condition, reasonable use and wear excepted. Landlord and Tenant hereby acknowledge and agree that Tenant, as tenant under this Lease and as tenant under the new A/R Hospital Lease, shall be responsible for the maintenance, repair and replacement of the Common Areas on the Property and shall coordinate such responsibilities for the Term of this Lease. Additionally, Landlord and Tenant hereby acknowledge receipt of that certain Property Condition Report prepared by ▇▇▇▇▇ Management Services Corporation, dated August 19, 2013 (the “Property Condition Report”). Landlord and Tenant shall review on an annual basis the “Deferred Maintenance Items” set forth in the imposition of a penalty on any Indemnified Party or materially adversely affect Property Condition Report and shall reasonably and mutually agree upon those Deferred Maintenance Items that Tenant shall perform and the Leased Property or the operation thereof. The Lessee times upon which Tenant shall comply with complete such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased PropertyDeferred Maintenance Items. In the event that Tenant fails to complete such agreed upon Deferred Maintenance Items within the agreed upon times, then, upon thirty (30) days written notice to Tenant, Landlord may perform such agreed upon Deferred Maintenance Items and all costs so incurred by Landlord shall be paid by Tenant as Additional Rent utilizing a capitalization rate of any damage to or destruction ten percent (10%) over the remaining Term of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.

Maintenance. The Lessee at its sole cost and expense shall maintainLessor warrants that the foundation, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansexterior bearing walls, and (iii) wood roof structure shall be free from defects in material and workmanship until such condition times as any of these structural systems have been altered or modified by Lessee. In the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, of the occurrence of any such defect during the warranty period and upon receipt of written notice from Lessee, Lessor shall promptly commence and diligently prosecute to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with completion such repair and maintenance standards and schedules repairs as are required necessary to enforce warranty claims against correct such defect. Except for the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The aforegoing Lessor warranties, Lessee shall maintain at its principal place and preserve the Demised Premises, including, without limitation, the interior and exterior of business a maintenance log with respect to the Leased PropertyBuilding thereon in good and clean condition making all repairs, which shall include the dates replacements and details of all material restorations necessary for such maintenance and repairs performed on preservation: including, without limitation, tuckpointing, painting, glass replacement, glazing, caulking and the Leased Property. In the event of any damage to or destruction repair, replacement and restoration of the Leased Propertyroof covering, or any part thereofdocks, by fire or other casualtylandscaping and, unless this Lease shall be terminated pursuant to Section 13parking areas. All repairs, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property replacements and restorations shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be quality at least equal to the value and utility original construction. Notwithstanding anything herein to the contrary, on or before each anniversary date of this Lease or extension thereof, Lessee shall deliver to Lessor written evidence satisfactory to Lessor that the roof of the Leased Property immediately prior to building on the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained Demised Premises has been serviced by a roofing contractor licensed by the terms State of Arizona and satisfactory to Lessor. At the termination of this Lease, by lapse of time or otherwise, Lessee shall deliver the Demised Premises to the Lessor in good condition and repair as obtained therein at the commencement of the term of this Lease subject, however, to the loss or damage due to any casualty to the extent actually recovered by Lessor under insurance policies to be obtained and maintained by Lessee as herein set forth and normal wear and tear. Anything herein to the contrary, notwithstanding, Lessee will not suffer any waste t@-occur on the Demised Premises and will make every reasonable effort to prevent the Demised Premises from falling into disrepair; including, without limitation, the prompt performance of all repair, replacement and restoration obligations of Lessee as herein set forth.

Maintenance. The Lessee at its shall have sole cost responsibility for maintenance of the Premises. All personal property, including buildings and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to performstructures, on a daily basis in commercial operationthe Premises, shall be at the functions for which it was designedrisk of Lessee. Lessee shall keep and maintain the Premises and all improvements thereon, in accordance with good and substantial repair and condition, including the Plansexterior thereof, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service shall make all necessary repairs and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofalterations thereto. The Lessee shall comply with such repair provide proper containers for trash and maintenance standards garbage, and schedules as are required to enforce warranty claims against shall keep the manufacturers Premises free and suppliers clear of the Leased Property or which are otherwise established by such manufacturers rubbish, debris, litter and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyweeds. In the event of any damage that Lessor determines that ▇▇▇▇▇▇ has failed to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, comply with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseSection, Lessor may, but shall have no obligation to, take such action as is required by this Section, and may charge Lessee the actual cost incurred to bring the Premises into compliance with this Section or a reasonable fee for such services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by ▇▇▇▇▇▇ as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that ▇▇▇▇▇▇ does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper sub grade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, all property, ground, runways, taxiways, and any and all property belonging to Lessor that is damaged or altered by Lessee in maintaining or operating on the Premises. Lessee shall also have sole responsibility for the maintenance of the access apron adjacent to the Premises, if any, that provides the Premises with access to airport taxiways. Lessee shall be liable for any claim, liability, loss, or damage arising by reason of the injury to or death of any person or persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, its agents, invitees, licensees, subtenants, assignees, occupants and users of the Premises or any person in or on the access apron with the express or implied consent of the Lessee. Lessee shall indemnify and hold the Lessor harmless from all such liability. In the event that ▇▇▇▇▇▇’s personal property is damaged by ▇▇▇▇▇▇’s equipment or personnel, ▇▇▇▇▇▇ agrees to reimburse Lessee reasonable replacement or repair costs for any such damages incurred.

Maintenance. All general building maintenance, including HVAC, roofing, plumbing, and electrical shall be the responsibility of the Board. The Lessee Board will maintain, repair, and keep in working order, the HVAC, the roof, existing plumbing, and existing lighting and electrical equipment in the gymnasium and office areas at the District’s expense. Prior to the City’s use and occupancy of the Facility, the Board shall address in a reasonable manner all of the maintenance and repair issues which it agreed to address in the Memo attached hereto as Exhibit “B,” including, but not limited to, repairing the lighting in the gymnasium and storage areas; repairing the windows in the gymnasium; allowing the use of Garden City’s scoreboard or a substitute; repairing the existing outdoor lighting; replacing the missing ceiling tiles in office/storage areas; cleaning and waxing the gym floor; repairing, if necessary, the bleachers, toilets, sinks, pole lights, outside hose ▇▇▇▇, outside camera system, electrical outlets, and alarm system; adding outside power sources; and the grading and filling-in of the walkways with gravel provided by the City (collectively the “Special Corrective Work”). The Board will perform the Special Corrective Work as outlined in Exhibit “B” at its sole expense Once all of the Special Corrective Work has been completed as outlined in Exhibit “B”, any additional repairs or modifications which the City deems necessary to be performed before using and occupying the Facility shall be at the City’s sole cost and expense. Upon being inspected by the City, the retractable goals at the Facility may be replaced by the City in its sole discretion at its sole cost and expense shall maintain, service and repair expense. Subject to the Leased Property to keep it (i) in as good operating condition and as capable provisions of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationSection 2 herein, the functions City will not occupy the Facility until the Special Corrective Work is substantially complete and satisfactory such that Facility is operational and fit for which it was designed, in accordance with the PlansCity’s intended use thereof, and the Board has generated a punch list for the remaining work consisting of only minor items such as touch-up, adjustments, and minor replacement and installations which shall be completed within thirty (iii30) in such condition days of the date of substantial completion. The City may adjust the basketball goals, use its scoreboard from its Gym, as needed and install and maintain pods or the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned like for storage at locations approved by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofBoard. The Lessee shall comply with such repair City will provide custodial service, cleaning and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Propertyif needed, which shall include the dates and details of all material non-capital maintenance and repairs performed on caused by the Leased PropertyCity’s use of the Facility beyond ordinary wear and tear. In The City will notify the event Board of any damage to or destruction condition of the Leased PropertyFacility that it deems in need of repair or if a dangerous condition is present. The City will ensure that the portion of any Facility it uses and accesses under this Agreement is left in a reasonably clean and orderly condition after use (e.g., sweeping up, cleaning up spills, checking restrooms, removing substantial amounts of collected trash). The City shall not modify, alter, improve, demolish, or otherwise materially change any part thereof, Board property or improvements without the express written consent of the Board. All general field and ground maintenance shall continue to be performed by fire or other casualty, unless this Lease the Board’s service provider in the same manner it currently performs such maintenance at no cost to the City. Any wear and tear beyond normal shall be terminated pursuant the responsibility of the City. Any additional maintenance or improvements on fields used by the City shall be performed by the City. Striping fields will be the responsibility of the City. The Board will not charge the City rent for the uses provided in this Agreement and the City agrees to Section 13, pay the Lessee shall, at costs its incurs for providing its own expensecustodial services, with reasonable promptnesscleaning, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility security to accommodate its own use of the Leased Property shall be at least equal Facility. The City will reimburse the Board for exterior field lighting expense and four (4%) percent of the utility ▇▇▇▇▇▇▇▇ applicable to the value and utility Facility (e.g., electric, water, sewer, sanitation, stormwater, fire service, stormwater service) within fifteen (15) days of the Leased Property immediately prior to the occurrence of receiving such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease▇▇▇▇▇▇▇▇.

Maintenance. The Lessee shall: 13.1 advise the Lessor within 14 (FOURTEEN) Days after occupying the premises of any defects in the premises or of any keys, locks windows and electrical installations and fittings which are in a defective state or missing articles and of the condition of the premises. 13.2 at its own expense keep and maintain the interior of the leased premises including the paint work in good order and shall do any painting which may be necessary from time to time to the interior of the leased premises; 13.3 keep the premises free of insect infestation and in a clean, tidy and sanitary condition; 13.4 not cause or permit the obstruction or blockage of sewerage pipes, water pipes and drains in use in connection with the premises, but shall throughout the currency of this agreement maintain such sewerage pipes, water pipes and drains free from any such obstructions or blockage. 13.5 shall repair and/or replace all fluorescent tubes, ballasts and electric light globes, locks, keys, windows, glazing window fittings, electrical fittings (including electrical hot water geyser, if any) and other interior fittings that may be damaged, destroyed or lost from time to time in the leased premises. 13.6 The –air-conditioning / evaporative cooling system to be serviced by the Tenant at its sole cost cost. This service will mean the normal day to day maintenance required and expense shall maintainwill include replacement or reconditioning of a compressor, service fan motors or electrical components such as contactors, transformers or repairing gas leaks. The Lessor shall: 13.7 maintain the exterior structure of the building, fair wear and repair tear excepted: 13.8 not be under any obligation to make any repairs, maintenance or alterations of any nature to the Leased Property leased premises, to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance comply with the Plansrequirements of any licensing authority, (ii) in such condition so as health official, factories inspector or official, fire inspector or any other official or authority but shall not unreasonably withhold its consent to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned carrying out by the Lessee at his/its expense of any such work, maintenance, alterations or repairs provided that the Lessor shall be entitled to require same to be effected by a builder or with the approval of or under the supervision of an architect approved by the Lessor, and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required not be entitled to enforce warranty claims against the manufacturers and suppliers of the Leased Property any compensation for any work or which are otherwise established improvements effected by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies him in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseclause.

Maintenance. Repair, Restoration, Prior Liens, Parking. The Lessee at its sole cost and expense Mortgagor covenants that, so long as any portion of the Indebtedness remains unpaid, the Mortgagor will: (a) promptly repair, restore or rebuild any useful Improvements now or hereafter on the Premises which hereafter may become damaged or destroyed to a condition substantially similar to the condition immediately prior to such damage or destruction, whether or not proceeds of insurance are available or sufficient for the purpose, provided that the Mortgagor shall maintain, service and not hereby be required to repair any existing condition or defect in the Leased Property to Improvements or Building Systems; (b) keep it (i) the Premises in as good operating condition and repair, without waste, and free from mechanics’, materialmen’s or like liens or claims or other liens or claims for lien (subject to the Mortgagor’s right to contest liens as capable permitted by the terms of operating at Design Capacity as Section 28 hereof) , provided that the Mortgagor shall not hereby be required to repair any existing condition or defect in the Improvements or Building Systems; (c) pay when new due the Indebtedness in accordance with the Plansterms of the Note and the other Loan Documents and duly perform and observe all of the terms, covenants and conditions to be observed and performed by the Mortgagor under the Note, this Mortgage and the other Loan Documents; (iid) in such condition so as to have pay when due any indebtedness which may be secured by a Permitted Exception or other charge on the capacity and functional ability to perform, Premises on a daily basis parity with, superior to or inferior to the lien hereof (other than the Subordinate Indebtedness, as such term is defined in commercial operationthat certain Subordination and Intercreditor Agreement dated as of even date (the “Subordination and Intercreditor Agreement”) among ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇ and the functions for Mortgagee, which it was designedSubordinate Indebtedness shall be paid by the Mortgagor, or payment thereon deferred, only in accordance with the Plansterms of the Subordination and Intercreditor Agreement), and upon request exhibit satisfactory evidence of the discharge of such lien to the Mortgagee (iiisubject to the Mortgagor’s right to contest liens as permitted by the terms of Section 28 hereof); (e) in such condition as the Lessee would, complete within a reasonable time any Improvements now or at any time in the prudent management process of its own properties, maintain, service and repair similar property owned by erection upon the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance Premises; (f) comply in all material respects with all Applicable Lawsrequirements of law, municipal ordinances or restrictions and covenants of record with respect to the Premises and the use thereof; (g) obtain and maintain in full force and effect, and abide by and satisfy the material terms and conditions of, all material permits, licenses, registrations and other authorizations with or granted by any governmental authorities that may be required from time to time with respect to the performance of its obligations under this Mortgage; (h) make no material alterations in the Premises or demolish any material portion of the Premises without the Mortgagee’s prior written consent, except as required by law or municipal ordinance; (i) suffer or permit no material change in the use or general nature of the occupancy of the Premises, without the Mortgagee’s prior written consent; (j) pay when due all operating costs of the Premises; (k) not initiate or acquiesce in any zoning reclassification with respect to the Premises, without the Mortgagee’s prior written consent; (l) provide and thereafter maintain the existing parking areas for the Premises as may be required by law, ordinance or regulation (whichever may be greater), together with any driveways and other areas for ingress, egress and right-of-way to and from the adjacent public thoroughfares necessary for the use thereof; and (m) comply, and cause the Premises at all times to be operated in compliance, in all material respects with all applicable federal, state, local and municipal environmental, health and safety laws, statutes, ordinances, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.

Maintenance. The Lessee 4.10.1 On or before the date hereof to enter into contracts (the “Maintenance Contracts”), if not already existing, for the regular maintenance and servicing of the space and water heating systems serving the property and the other gas and electrical installations within the property (“the Installations”) and at its the landlord‟s sole cost expense to maintain such contracts and expense make all payments due thereunder throughout the whole of the term. 4.10.2 To ensure that the maintenance contracts, if not already entered into, which will be entered into by the landlord are on such terms and in such form as the tenant shall maintain, service reasonably specify and be with contractors previously approved by the tenant (such approval not to be unreasonably withheld or delayed) and the landlord hereby irrevocably authorises the tenant who shall act reasonably) to instruct the contractors under the maintenance contracts to undertake any maintenance servicing or repair works to the Leased Property Installations which may be required from time to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new time in accordance with the Plansappropriate legislation PROVIDED THAT any such works will be carried out entirely at the cost and expense of the landlord (save only to the extent that such costs and expenses are the responsibility of the contractors under the Maintenance Contracts) and the landlord agrees to fully indemnify the tenant against any costs, expenses or other sums which the tenant may incur as a result of such maintenance. 4.10.3 If the landlord has already entered into maintenance contracts before the date of this lease then the following shall apply:- (i) The landlord shall on or before the date of this lease provide the tenant with full details of the contractor or contractors he has entered into the maintenance contracts with, including providing the tenant with copies of the said contracts and proof that they have each been fully paid for by the landlord. (ii) If any of the maintenance contracts expire or are brought to an end by the relevant contractor at any time during the term then the landlord shall use its best endeavours to enter into a new maintenance contract for the service required with a contractor previously approved in writing by the tenant (such condition so approval not to be unreasonably withheld or delayed) on or before the expiry of the existing contract. If this is not possible then the landlord shall use its best endeavours to enter into a new maintenance contract for the service required with a new contractor as soon as possible after the expiry or termination of the existing contract. 4.10.4 To provide the tenant with copies of the maintenance contracts at least once in every calendar year. 4.10.5 To maintain repair renew and keep the Installations in good working order at all times during the term but only to the extent that such maintenance, repair and renewal is not actually carried out under the maintenance contracts. 4.10.6 that:- (i) the Installations have been serviced by a properly qualified person within the capacity period of three months before the start of the term. (ii) The gas contractor is Gas Safe registered and functional ability that any electricity contractor has been approved by NICEIC or such other regulatory bodies which replace them respectively and at its sole expense to performprovide the tenant on or before the commencement date of this lease with a valid Gas Safety Certificate (LGSR), on a daily basis valid Electricity Safety Certificate and an Energy Performance Certificate PROVIDED THAT if the Installations have not been serviced within the period of three months before the start of the term or if the landlord does not have any valid certificates as mentioned in commercial operation, sub-clause 4.10.6 (i) above then the functions landlord shall pay for which it was designed, and obtain the said certificates from one of the contractors contained in accordance with the Plans, and list of approved contractors obtainable from the tenant „s building services department (iii) To carry out the ongoing maintenance, repairs and supply of a 3 star cover policy or equivalent (iv) That the tenant will automatically deduct the cost of the annual inspections from the rent on or before the anniversary of the current Gas Safety Certificate (LGSR) plus reasonable administrative costs. (a) Within 7 working days from the tenant’s notification in such condition as clause 3.8 above to renew the Lessee wouldboiler using his own “Gas Safe” registered contractor (b) the new boiler meets industry standards including energy efficiency and has a built in programmer and that existing radiators are upgraded with thermostatic valves where necessary. (vi) The landlord’s contractor completes the benchmark commissioning checklist and LGSR (Landlord Gas Safety Record) which must be retained at the property and that a copy is forwarded to tenant for its records (vii) Landlord shall arrange for it’s contractor to inspect, carry out the work and issue a satisfactory LGSR (Landlord Gas Safety Record) PROVIDED THAT it is agreed that If the work is not completed within 7 days, the tenant reserves the right to notify the landlord that the tenant will be immediately arranging for the gas boiler to be renewed and in that event the cost of renewal shall be automatically deducted from the rent and that “Notify” shall be deemed to mean by post, fax or email. This will also incur reasonable administrative costs, which the tenant will be entitled to. (viii) To provide the tenant with a valid Energy Performance Certificate in the prudent management of its own properties, maintain, service and repair similar property owned by appropriate form on or before the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers start of the Leased Property or which are otherwise established by such manufacturers term. 4.10.7 To observe and suppliers as recommended operating procedures perform the covenants and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event conditions of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(ahead lease (if any) and where not obliged to do so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by under the terms of this Leaseany head lease then to procure compliance of the obligations under any superior lease (if any). 4.10.8 To keep any gardens forming part of the building, if it is the landlord‟s responsibility to do so or if not to ensure that the owner of the freehold of the property or the management company or the superior landlord will do so and if applicable to keep any garden at the property tidy at all times during the term and to keep all ▇▇▇▇▇▇ and grass at the property regularly trimmed and cut. 4.10.9 To repair, renew or replace any of the furniture or furnishings which have become unusable due to fair wear and tear, defect or bad workmanship at any time during the term

Maintenance. The Lessee (a) Tenant covenants, at its sole cost and expense shall maintainexpense, service to keep the Leased Premises and all fixtures located therein in the same condition and repair they are in as of the date hereof,, ordinary wear and tear excepted, and shall promptly repair and maintain the Leased Property Premises at its sole cost and expense; provided, however, with the exception of ordinary day-to-day maintenance, in no event shall Tenant be responsible for the cost of roof repairs (or replacement) or repair or replacement of structural components of the Leased Premises or any building system, or any other item which would constitute a capital expenditure or capitalized expense under generally accepted accounting principles. (b) Landlord covenants, at its sole cost and expense, to keep it and maintain (i) and replace, if necessary), the roof and any of the structural components of the Leased Premises in the same condition and repair they are in as good operating condition of the date hereof, ordinary wear and tear excepted; provided, however, ordinary day-to-day maintenance of such items shall be the responsibility of Tenant hereunder. Subject to Tenant's obligation to perform ordinary day-to-day maintenance as capable of operating aforesaid, Landlord further covenants, at Design Capacity as when new in accordance with its sole cost and expense, to perform any and all extraordinary repairs within the PlansLeased Premises, (ii) in such condition so as to have the capacity and functional ability to performreplace any building systems and/or make any capital improvements, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, all to the extent required necessary to maintain keep the Leased Property Premises and all fixtures located thereon in good the same condition and repair they are in as of the date hereof, ordinary wear and tear excepted. If Landlord fails to perform its maintenance obligations hereunder, Tenant shall have the right, after providing Landlord with thirty (30) days' written notice and opportunity to perform the necessary repairs, to perform such repairs (and replacements, if necessary) on Landlord's behalf and at Tenant's option (a) set-off the costs thereof against all Rent then next coming due; and/or (b) submit an invoice to Landlord for all such costs, which invoice shall be paid by Landlord within thirty (30) days. (c) All work performed and all repairs made hereunder by Landlord or Tenant as appropriate, shall be done in a good and workmanlike manner which shall be consistent with prudent industry practice standards, using only materials and labor of reasonable quality and in compliance in all material respects with all Applicable Lawsapplicable buildings and zoning laws and with all other laws, rules and ordinances, orders, rules, regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details requirements of all material maintenance federal, state, and repairs performed on municipal governments and the Leased Property. In the event of any damage to or destruction of the Leased Propertyappropriate departments, or any part commissions, boards, and officers thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.

Maintenance. The Lessee at its sole cost Tenant(s) shall maintain and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in condition the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers inside of the Leased Property or which are otherwise established by such manufacturers premises and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Propertyappurtenance, which shall include all electrical installations, wall plugs, light points, light shades, windows, window catches, water taps, pipes, door handles, door locks, floor or fitted carpets and sanitary appliances, etc. He/she shall keep the dates drain free of obstruction. At the expiration of his/her tenancy, the Tenant(s) shall re-deliver the premises, its contents and details of all material maintenance appurtenance to the Landlord in a good clean order and repairs performed on the Leased Property. In the event of condition and shall at his/her own cost and charge replace any damage to or destruction of the Leased Propertyaforementioned articles which may be missing, damaged or broken. If, during the currency of the tenancy any repairs or repainting have to be effected to any portion of the inside of the said premises or to any appurtenance contained therein or any replacements have to be made, it shall be obligatory for the Tenant(s) to bear the cost thereof. The Landlord reserves the right to effect such repairs or repainting at the expense of the Tenant(s) and to reclaim the cost thereof. The Tenant(s) shall be liable for all damage caused by neglect or omission of himself, his/her family, servants and visitors. No alterations to colour scheme, or any part thereof, by fire additions or other casualty, unless this Lease improvements to the leased premises whether structural or otherwise shall be terminated pursuant to Section 13, effected by the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild Tenant(s) without consent in writing of the same so that upon the completion of such repair, restoration or rebuilding the Leased Property Landlord. No carpets shall be fitted without consent in the condition required by the provisions of this Section 8(a) and so that the value and utility writing of the Leased Property Landlord. Under no circumstances shall the Landlord be liable to compensate the Tenant(s) for any alterations, repairs, improvements or additions to the leased premises, without consent in writing prior to carrying out any alterations, repairs, improvements or additions. The Landlord shall keep the outside of the property in good repair. The Tenant(s) shall be at least equal to responsible for the value care and utility maintenance of the Leased Property immediately prior garden and grounds. Should the Tenant(s) fail to comply with this condition the occurrence Landlord shall have the right from time to time to employ a gardening contractor to give effect to these provisions at the expense of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseTenant(s).

Maintenance. The Lessor shall maintain the foundation, outer walls, and roof of the Building in good condition and repair, except that Landlord shall not be required to make any repairs occasioned by the negligent act or omission of Lessee or Lessee's agents or employees. Lessee shall make all repairs and replacements to the Premises not expressly assumed by Lessor under this Lease, and shall keep all portions of the Premises, including, without limitation, the interior of the Premises and the wiring and plumbing systems and conduits, exterior doors, windows and window frames, in good order, condition, and repair during the entire term of this Lease, and shall also keep the Premises in a clean, sanitary, and safe condition in accordance with Law and in accordance with all directives, rules, and regulations of governmental agencies having jurisdiction over the Premises or Lessee's use thereof. Notwithstanding anything contained herein to the contrary, Lessee shall, at its sole cost and expense shall maintainexpense, service maintain and keep the heating, ventilating and air conditioning systems, apparatus and equipment (the "HVAC Systems") in good condition and repair during the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms entire term of this Lease. Within thirty (30) days of the date Lessee takes possession of the Premises, Lessee shall enter into a maintenance contract, requiring at least bimonthly service with a reputable and licensed full service HVAC maintenance firm, for the routine maintenance and servicing of the HVAC Systems. Lessee shall furnish Lessor with a copy of the then current maintenance contract. Lessor shall have the specific right to annually inspect, or have inspected, the HVAC equipment, and if in Lessor's reasonable judgment such equipment is not being properly maintained, Lessor shall have the right to give notice to Lessee of such, and Lessor may, at the expense of the Lessee, undertake to make such repairs as are necessary to put the HVAC equipment in good condition.

Maintenance. The During the term of this lease, Lessee, at its own cost and expense, shall keep and maintain the Leased Premises and all buildings and improvements thereon, in good order, condition and repair, hereby waiving all rights to make repairs at the expense of Lessor, and shall not cause any nuisance or cause or permit any waste or allow any trash to accumulate on the Leased Premises. Further, Lessee agrees to make any and all necessary replacements to air-conditioning, cooling, heating, plumbing, lighting, and other equipment on the Leased Premises and to any other part of the Leased Premises in the event said replacements are necessary. Lessee shall have the right at its sole cost and expense shall maintainat any time and from time to time, service to make such alterations and repair improvements to the building on the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for Premises which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially do not adversely affect the Leased Property value thereof as Lessee sees fit, provided, however, that no structural alterations shall be made without first obtaining the written consent and approval of the Lessor as to the proposed plans and specifications, which consent and approval Lessor agrees will not be unreasonably withheld and further provided that any alterations or improvements shall be done expeditiously and in a good and workmanlike manner. Lessee agrees to provide Lessor with a performance bond or other security satisfactory to Lessor to insure the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims fact that there will be no mechanic's liens or materialmen's liens or any other liens against the manufacturers premises caused by Lessee's alterations or other improvements and suppliers of the Leased Property or which are otherwise established by to indemnify and hold harmless Lessor from and against any such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyliens. In the event of any damage that Lessee does not make the necessary repairs, replacements, or maintenance as herein provided, Lessor, after giving Lessee thirty (30) days' written notice, shall have the right to do the same and all amounts so expended by the Lessor shall be deemed additional rental, to be due and owing at the time the next rental payment is due following the date that such repairs, replacements, or destruction maintenance have been done by the Lessor. Any and all alterations, repairs, replacements, and additions that are made by either party shall immediately become the property of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseLessor.

Maintenance. The Lessee upkeep, maintenance and management of the building and of common areas, maintenance, operation and upkeep of plant and machinery shall be organized by the DEVELOPER or its nominated Maintenance Agency. All such costs, expenses (hereinafter referred as “CAM”) common area maintenance, accruals to or provisions shall be borne and paid by the VENDEE to the extent of its share in the said building. The charges so fixed and payable every month shall be apportioned per square feet by the DEVELOPER to which the VENDEE hereby agrees to accept as final and binding. Such charges would be billed to the VENDEE by the DEVELOPER/Maintenance Agency every month at its sole cost actuals. The charges so fixed shall be reviewed annually. It is clarified that Maintenance Charges shall be exclusive of water, electricity and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions other consumables for which it was designedseparate bills shall be raised by the DEVELOPER/Concerned Agency/Department/ Maintenance company and shall be paid by the VENDEE/Lessee as stipulated herein. (I) DEVELOPER OR its Nominee shall maintain the building from amounts received as CAM charges from the owners and occupiers of building. DEVELOPER at any time, can make a maintenance association of owners and occupiers of building and hand over the maintenance of the building to the same. (II) All expenses of consumable nature shall be billed every month as per actual consumption to each VENDEE and the same shall become payable within 7 days of its intimation. (III) The VENDEE shall enter into a separate maintenance agreement (The “Maintenance agreement”) with maintenance agency as may be designated in this regard (the “Designated Mainnatnece Agency”) by the DEVELOPER, in accordance with the Plansprovisions of applicable Law, for the maintenance of common areas and (iii) in such condition as the Lessee would, facilities in the prudent management of its own properties, maintain, said building. VENDEE shall pay necessary charges including security deposit for such maintenance and such arrangement will continue untill service and repair similar property owned by the Lessee and in any event, are handed over to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofResidents Welfate Association (RWA). The Lessee shall comply with such repair VENDEE further undertakes to sign and maintenance standards execute the Maintenance agreement and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained abide by the terms and conditions of the same. Till the time same is not executed Allottee is bound by the terms and conditions of maintenance to the unit as mentioned in this Lease.agreement. The intending VENDEE agree and consent

Maintenance. The Lessee at its sole cost (a) Hayward Subaru hereby agrees that the Property shall be maintained in a neat and expense orderly condition to the extent practicable and in accordance with existing industry health and safety standards (as such standards may evolve, or otherwise be adjusted, during the Term), and that the Improvements shall maintainbe well maintained in good repair and working order, service and in a neat, clean and orderly condition. In accordance with the Disposition and Development Agreement, from time to time, Hayward Subaru shall make all necessary and proper repairs to the Improvements and the Property. To the extent commercially reasonable, maintenance and repairs to the Improvements and/or the Property shall be performed during times when Hayward Subaru is not obligated to operate the Improvements as set forth in Article 2 above. To the extent any repair or maintenance will require the Leased Improvements to be out of operation, and unavailable during the hours set forth in Section 2.2, above for more than two (2) business days, Hayward Subaru shall first obtain the prior written consent of the City, which shall not be unreasonably, withheld, delayed, or conditioned; provided, however, Hayward Subaru shall not be required to obtain the City's prior written consent in the event of an emergency or any repair necessary to prevent a threat to health and safety of the general public. In such event, Hayward Subaru shall deliver a written notice to the City within three (3) business days of such closure, setting forth, in reasonable detail, the reason(s) the Improvements, or any portion thereof, are not in operation, and the schedule for repair. (b) Hayward Subaru shall maintain the Improvements and the Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plansfollowing standards ("Maintenance Standards") for the duration of the Term: (1) Landscape maintenance shall include, but not be limited to: drought resistant watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees; and to the extent possible free of all pesticides. (ii2) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (3) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (4) Any and all chemicals, unhealthful substances, and pesticides to the extent allowed under section (b)(2) above, used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. (5) The Improvements and the Property shall be maintained in conformance and in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of the City, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. (6) The Improvements and the Property shall be maintained as required by this Section 3.2 in good condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, custom and (iii) in such condition as the Lessee would, practice generally applicable to comparable automobile dealership facilities located in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseSan Francisco Bay Area.

Maintenance. The Lessee Landlord shall, as an Operating Expense, maintain and make necessary repairs to the Building and the Common Areas, except that: (a) Landlord shall not be responsible for the maintenance or repair of any systems located within the Premises that are supplemental to the Building’s standard systems; and (b) the cost of performing any repairs caused by the negligence or misconduct of Tenant shall be paid by Tenant immediately upon demand by Landlord. Tenant shall periodically inspect the Premises to identify any conditions that are in need of maintenance or repair. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage from casualty excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Tenant hereby waives all right to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises and its other similar rights as provided in California Civil Code Sections 1932(1), 1941 and 1942 or any other Laws (whether now or hereafter in effect). Landlord shall maintainperform and construct, service and repair the Leased Property Tenant shall have no responsibility to keep it perform, construct or pay for, any repair, maintenance or improvement (i) in as good operating condition and as capable to the Premises to the extent necessitated by the gross negligence or willful misconduct of operating at Design Capacity as when new in accordance with the PlansLandlord, its agents, employees or contractors; (ii) to the structural portions of the Premises (including the foundation, floors (other than floor coverings), walls (other than interior wall coverings), roof and roof membrane), except to the extent that such repair is necessitated by Tenant’s gross negligence or willful misconduct (in which case such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and repair shall be performed by Landlord at Tenant’s cost); (iii) in such condition as windows, mechanical and electrical systems, including, but not limited to, the Lessee wouldHVAC, in electrical and plumbing systems servicing the prudent management of its own propertiesPremises, maintain, service and repair similar property owned by the Lessee and in any event, except to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with that such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property is necessitated by Tenant’s gross negligence or willful misconduct (in which are otherwise established by case such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease repair shall be terminated pursuant to Section 13, the Lessee shall, performed by Landlord at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseTenant’s cost).

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to a. City will have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required no obligation to maintain the Leased Property in good Land nor any of the improvements located on the Land, whatsoever. Girl Scouts shall repair and/or may construct improvements in, on or about the Land, but, only, with the prior written approval of City. Girl Scouts has or will also light and landscape the Land, as it deems necessary and appropriate, and shall keep and maintain the Land, the improvements located thereupon and the grounds thereof, in a manner consistent first-class, substantial, clean, orderly, good, and presentable condition. Any and all improvements constructed by the Girl Scouts on the Land, for which the Girl Scouts has received prior written approval from the City, will be constructed in a first-class, substantial, good, and workmanlike manner, with prudent industry practice the Girl Scouts being fully liable for any and all construction costs, of whatsoever kind and nature, arising therefrom, and fully saving, indemnifying and holding the City harmless on account thereof. Girl Scouts agree to be responsible for obtaining all building permits, other permits, utility services and certificates of occupancy required in compliance in all material respects connection with all Applicable Lawsthe use and occupancy of the Land. City agrees to cooperate with the Girl Scouts to obtain such building permits, rules other permits, utility services and regulationscertificates of occupancy and agrees to execute such applications as may be required. b. Any trade fixtures, noncompliance with which might result furniture, furnishings and unattached equipment installed in the imposition Land by and at the expense of a penalty on Girl Scouts will remain the property of Girl Scouts, except for: (1) permanent improvements located or emplaced thereon or therein, or (2) any Indemnified Party or materially adversely affect trade fixtures, furniture, furnishings and unattached equipment installed in the Leased Property or Land and Building and left by the Girl Scouts upon termination of this Lease, for any reason, whatsoever, which latter personal property shall be considered abandoned by the Girl Scouts. City agrees that Girl Scouts, if not in default beyond applicable cure periods, and prior to the termination of this Lease, for any reason, whatsoever, will have the right, at any time, and from time to time, to remove any such trade fixtures, furniture, furnishings, and equipment which may be located in the Land, including, but not limited to, counters, shelving and other moveable machinery used in the operation thereof. The Lessee shall comply with such repair of Girl Scouts’ community service organization, excluding, however, any permanent improvements located or emplaced thereon or therein, and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of repairing any damage to the Building or destruction Land arising from such removal. Girl Scouts will deliver the Land and Building back to City, upon termination of the Leased Propertywithin Lease for any reason, or any part thereofwhatsoever, by fire or other casualtyin a good, unless this Lease shall be terminated pursuant to Section 13broomswept, the Lessee shallclean, at its own expensewell maintained, with reasonable promptnessand first-class condition, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) normal wear and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasetear excepted.

Maintenance. The Lessee at its sole cost Except for those obligations of Master Landlord under the Master Lease and expense subject to Section 8(b) herein, Sublessee shall maintainrepair and maintain the Subleased Premises and all equipment, service systems, and repair property which are either located within or solely servicing the Leased Property Subleased Premises, in good and clean order and condition and in every respect as required by the Master Lease. At the expiration or earlier termination of the Term of this Sublease, Sublessee shall surrender the Subleased Premises to keep it (i) Sublessor in as good operating order and condition and as capable of operating at Design Capacity as when new in accordance with the PlansSublessee took possession, (ii) in such condition so as to have the capacity normal wear and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Planstear and casualty and condemnation excepted, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by for the surrender of same under the provisions of the Master Lease. In addition, and without limitation of the foregoing, Sublessee shall (a) if Sublessor so requests, remove any improvements or alterations made by Sublessee to the Subleased Premises and repair any damage caused by such removal, and (b) if Sublessor shall so request, leave any improvements or alterations made by Sublessee to the Subleased Premises, except for any trade fixtures or personal property installed or placed by Sublessee in the Subleased Premises. The Sublessee shall also pay in full all utility costs and all carpet cleaning and janitorial costs for the Subleased Premises throughout the full term of the Sublease. Notwithstanding anything to the contrary contained in this Section 8(a11 and exclusive of any damage caused by Sublessee, Sublessor (or Master Landlord to the extent Master Landlord has agreed to take on the following obligations) shall remain responsible for the repair and maintenance of all equipment, systems and property which service the entire Premises (as opposed to solely servicing the Subleased Premises) and so that the value and utility Sublessee shall pay its prorated share (based on square footage of the Leased Property shall be at least equal Subleased Premises to the value and utility Premises) of the Leased Property immediately actual costs of such repair and maintenance, provided that if Sublessee contests a repair cost as unreasonably excessive (in light of comparable repair costs within the City of Palo Alto) or inaccurate, Sublessee shall notify Sublessor of its objection prior to the occurrence applicable payment due date and the parties will in good faith seek to resolve the dispute within ten (10) days of Sublessor’s receipt of the notice. (a) Notwithstanding anything to the contrary, Sublessor may elect, at its option, to perform certain repairs or routine maintenance of the systems, such as heating and air conditioning, serving the Subleased Premises and in such event, Sublessee shall pay to Sublessor its proportionate share of the actual and reasonable cost of such casualty assuming that maintenance. (b) Without limiting or modifying the Leased Property was then provisions of Section 21, which in the condition required to be maintained by part incorporates the terms of Section 9 of the Master Lease, Sublessee hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Sublessor or in lieu thereof to vacate the Subleased Premises as provided by California Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. (c) Except for Section 8(b), Sublessor has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Subleased Premises or any part thereof or any equipment, fixtures or improvements therein, except as expressly set forth in this Lease. No representations respecting the condition of the Subleased Premises, the Premises or the Building have been made to Sublessee either by Sublessor or by any real estate broker, except as expressly set forth in this Sublease. Sublessee’s obligation to keep the Subleased Premises and every part thereof and all equipment, fixtures and improvements therein in good condition and repair in accordance with this Section 11 is part of the consideration for Sublessor’s leasing the Subleased Premises to Sublessee.

Maintenance. The Lessee (a) Tenant will, at its sole cost and expense shall expense, keep, maintain, service repair and replace (when necessary) the interior portions of the Premises (which Landlord is not obligated to repair in accordance with Section 11(b) below) in first-class condition and make all needed repairs thereto, including plate glass, doors, windows, exposed interior utility lines, meters, pipes, conduits, fixtures and other equipment and systems (including, without limitation, HVAC equipment) serving exclusively the Premises and equipment and personal property of Tenant within the Premises, the Pool and elevators exclusively serving the Premises. Tenant shall permit no waste, damage or injury to the Premises. Tenant shall perform all necessary repairs, alterations and improvements to cause the Premises to comply with all applicable Laws, except that Landlord (and not Tenant) shall be responsible for making any capital repairs, alterations or improvements to the Premises required to cause the Premises to comply with applicable Laws to the extent that such compliance is not required as a result of Tenant’s particular use of the Premises or Tenant's particular Alterations to the Premises, but the cost of such capital item may be includable in Common Area Expenses on an amortized basis as provided in Section 10(a) above. Notwithstanding anything to the contrary contained in this Lease, if at any time during the Term of this Lease, Tenant is required to make any replacements to the HVAC equipment serving the Premises or other mechanical or utility systems serving the Premises having a useful life extending beyond the expiration of the Term of this Lease, then Landlord shall reimburse Tenant for a fraction of the costs of the applicable replacement item, the numerator of which is the number of months in the reasonably anticipated useful life of the applicable replacement item beyond the expiration of the Term of this Lease and the denominator of which is the total number of months in the reasonably anticipated useful life of the applicable replacement item, which reimbursement shall be made by Landlord to Tenant within thirty (30) days following Tenant’s submission to Landlord of request therefor accompanied by reasonable evidence of the costs of such replacement item. (b) Landlord will, at its sole cost and expense, keep, maintain, repair and replace in first-class and professional manner and repair consistent with the Leased Property standards of first-class shopping centers comparable to keep it the Shopping Center located in the vicinity of the Shopping Center, and (subject to Tenant’s obligation to perform necessary repairs, alterations or improvements to the Premises to comply with applicable Laws where such compliance is required as a result of Tenant’s particular use of, or alterations to, the Premises) perform any repairs, improvements or alterations required by applicable Laws to, the foundation, footings, roof, roof membrane, exterior walls (provided that Common Area Expenses may include (i) graffiti removal from and touch-up painting of exterior walls, and (ii) complete painting of exterior walls not more often than once per each five (5) year period during the Term, provided that the cost of such complete painting shall be amortized over a five (5) year period and Common Area Expenses shall only include one-fifth (1/5th) of the cost thereof during each year of such amortization) and structural portions of, the Premises (excluding front doors, windows, and plate glass), utility lines, meters, pipes, conduits, fixtures and other equipment and systems (except if exposed within the Premises and serving exclusively the Premises), exterior sprinkler systems, gutters and downspouts, plus all Common Areas of the Shopping Center. Tenant may give Landlord notice of such repairs as may be required under the terms of this Section, and Landlord shall proceed forthwith to effect the same with reasonable diligence, but in no event later than thirty (30) days after having received notice (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided Landlord shall, following receipt of such notice from Tenant, promptly commence such repairs and diligently prosecute the same to completion). In event of an “emergency” (which, as used in this Lease, shall mean a situation posing an imminent risk of material property damage, injury to persons or interruption of business operations in the Premises), Tenant shall have the right, but not the obligation, to undertake immediate repairs of such nature as would normally be Landlord’s responsibility, and notify Landlord promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to the extent reasonably practicable). If Landlord fails to repair any portion of the Premises which is Landlord’s responsibility, within the thirty (30) day period set forth above (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not reasonably susceptible of completion within thirty (30) days, provided that following receipt of such notice from Tenant, Landlord promptly commences such repairs and diligently prosecutes the same to completion) and upon delivery of an additional notice to Landlord, or in the case of any emergency as above stated, Tenant may without notice perform the repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost of such repairs within thirty (30) days following Landlord’s receipt from Tenant of invoices and/or other reasonable evidence of the amount of such costs; provided, however, that in the event Landlord in good operating condition and as capable faith disputes whether Tenant properly performed an obligation of operating at Design Capacity as when new Landlord hereunder or the cost of such performance, Landlord shall have the right to dispute the same by institution of a reference proceeding in accordance with the Plansprovisions of Section 39 below. If it is determined pursuant to such proceeding that Tenant did not properly perform an obligation of Landlord in accordance herewith or that the cost of such performance was unreasonable, then Tenant shall not have any right to reimbursement for the cost of performance as herein provided (or, as to a determination of unreasonable cost, Tenant shall not be entitled to reimbursement of the portion of the cost of such performance determined to be unreasonable). If it is determined pursuant to such proceeding that Tenant properly performed an obligation of Landlord hereunder, then Landlord shall within thirty (30) days following such determination, reimburse Tenant for the reasonable cost of such performance as determined pursuant to such action, plus interest thereon at the “Interest Rate” (as hereinafter defined) from the date of Tenant’s expenditure until Landlord’s reimbursement. Should Landlord fail to pay such amount as is owing in accordance herewith (A) within thirty (30) days of receipt of invoice and/or other reasonable evidence of the amount of such costs (if Landlord does not institute an action within such thirty (30) day period to in good faith dispute as herein provided), or (B) within thirty (30) days after such determination by such action, as applicable, Tenant may deduct and offset such amount (including interest at the Interest Rate from the time such expenditure was made by Tenant until paid by Landlord) from Minimum Rent, Percentage Rent, Tenant’s Share of Common Area Expenses, Taxes and Insurance and other monetary obligations of Tenant owing to Landlord hereunder, provided that in no event shall such deduction or offset exceed twenty-five percent (25%) of Minimum Rent for the applicable month, or such greater percentage as is necessary to allow Tenant full recovery of the amount owing over the remainder of the Term. (c) Landlord and its authorized representatives may enter the Premises during usual business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant to (i) inspect the same; and (ii) show the same to prospective mortgagees, buyers and, in the final six (6) months of the Term, tenants. Landlord may, upon reasonable prior notice to Tenant (except that no such condition prior notice shall be required in an emergency situation of imminent personal injury or material property damage where notice is not reasonably practicable under the circumstances), enter the Premises to make additions, alterations or repairs to the Premises as Landlord is required to make in accordance with this Lease or in order to comply with applicable Laws, provided, however, that all such additions, alterations and/or repairs shall be performed in a manner so as to minimize interference with the operation of Tenant’s business from the Premises. In addition, in event of an emergency, Landlord shall have the capacity right, but not the obligation, to undertake immediate repairs of such nature as would normally be Tenant’s responsibility, and functional ability notify Tenant promptly after such repairs have been undertaken (including, without limitation, notice by telephone, to performthe extent reasonably practicable). If Tenant fails to repair any portion of the Premises which is Tenant’s responsibility, on within thirty (30) days after notice from Landlord of the necessity for such repair (or such greater period of time as is reasonably necessary to complete such repairs in the event such repairs are not susceptible of completion within thirty (30) days, provided that following receipt of such notice from Landlord, Tenant promptly commences such repairs and diligently prosecutes the same to completion), or in the case of any emergency as above stated, Landlord may perform the repairs or maintenance and Tenant shall reimburse Landlord for the reasonable cost of such repairs within thirty (30) days following Tenant’s receipt from Landlord of invoices or other reasonable evidence of the amount of such costs; provided, however, that in the event Tenant in good faith disputes whether Landlord properly performed an obligation of Tenant hereunder or that the cost of such performance was unreasonable, Tenant shall have the right to dispute the same by institution of a daily basis in commercial operation, the functions for which it was designed, reference proceeding in accordance with the Plansprovisions of Section 39 below. If it is determined pursuant to such proceeding that Landlord did not properly perform an obligation of Tenant in accordance herewith or that the cost of such performance was unreasonable, and then Landlord shall not have any right to reimbursement for the cost of performance as herein provided (iii) in such condition or, as the Lessee wouldto a determination of unreasonable cost, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, Landlord shall not be entitled to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers reimbursement of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction portion of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall cost of such performance determined to be terminated unreasonable). If it is determined pursuant to Section 13such proceeding that Landlord properly performed an obligation of Tenant hereunder, then Tenant shall within thirty (30) days following such determination, reimburse Landlord for the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion cost of such repairperformance as determined pursuant to such action, restoration or rebuilding plus interest thereon at the Leased Property shall be in Interest Rate from the condition required by the provisions date of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseLandlord’s expenditure until Tenant’s reimbursement.

Maintenance. The Lessee At all times during the existence of Contractor's ----------- actual possession and use rights under the Management Agreement and at its sole cost and own expense shall Contractor shall: (a) provide all maintenance, including a preventive maintenance program, which will maintain, service preserve and repair keep the Leased Property physical structure, fixtures and equipment in good repair, working order and condition; (b) meet all warranty and maintenance requirements. The State of Nevada, or its agent will have the right to keep it review the maintenance program planned by the Contractor and to audit the program at any time; (ic) in as good operating condition comply with reasonable audit recommendations; (d) maintain the physical structure of the Facility and as capable of operating at Design Capacity as when new all moveable and tangible personal property contained therein, including all equipment and fixtures purchased for this Facility pursuant to this Agreement in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansapplicable Court Orders, and (iii) ACA Standards. Conduct all ordinary routine maintenance and will in such condition as the Lessee would, in the prudent management of its own properties, so doing maintain, service preserve and repair similar property owned by keep the Lessee Facility and in any event, to the extent required to maintain the Leased Property all such equipment in good repair in a manner consistent with prudent industry practice repair, working order and in compliance in condition, subject to normal wear and tear, and will from time to time make or cause to be made all material respects with necessary and proper repairs, including those identified by self-monitoring and State inspections such that all Applicable Laws, rules replacements and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee renewals shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers thereupon become part of the Leased Property Facility. It is specifically understood and agreed that Contractor will keep maintenance records using forms acceptable to DOA. During the term of this Agreement, DOA shall have no responsibility, financial or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect otherwise, with respect to maintenance of the Leased PropertyFacility. The Lessee responsibility for maintenance of the Facility shall maintain at its principal place be the sole responsibility of business a maintenance log with respect the Contractor; (e) subject to prior written approval of DOA, which approval shall not unreasonably be withheld, have the authority to remodel the Facility or make substitutions, alterations, additions, modifications and improvements to the Leased PropertyFacility from time to time, which and the same shall include become part of the dates and details of all material maintenance and repairs performed on Facility; (f) promptly after the Leased Property. In the event occurrence of any damage to or destruction loss of a Facility, including those from a Force Majeure, that materially affects the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion continued operation of such repairFacility, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence notify DOA of such casualty assuming loss or damage and DOA and Contractor shall jointly assess the nature and extent of such damage or loss and, as soon as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or restore such damage or loss. DOA shall determine that such rebuilding, repairing or restoring is practicable and desirable; and (g) operate and maintain the Leased Property was then Facility in compliance with the condition required to be maintained by the terms of this LeaseStandards.

Maintenance. It is recalled that, from the Effective Date, the Lessor shall carry out significant works in the Building, a summary description of which appears in Schedule 1, and that the cost of these works shall be entirely borne by the Lessor. During the term of this lease, the Lessee must keep the premises in a proper state of maintenance, functioning, safety, cleanliness and hygiene, and at its expense carry out or cause to be carried out any works and repairs that might be necessary, except for the major repairs referred to in Article 606 of the French Civil Code, which shall be the Lessor’s responsibility and must be taken to mean, in a strictly exhaustive manner, works of reconstruction of the load-bearing walls and of the roofing, excluding any other repair. The Lessee must also make good the premises and discharge the amount of any repairs to be carried out, except for those necessitated by dilapidations. For this purpose, at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned latest by the Lessee and in any eventday of the expiry of the lease, a premises condition report shall be drawn up involving both parties, which shall include, where appropriate, a summary of the repairs to be carried out that are the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofLessee’s responsibility. The Lessee shall comply with such repair and maintenance standards and schedules as are required pay directly to enforce warranty claims against the manufacturers and suppliers Lessor the amount of the Leased Property or which are otherwise established repairs on submission of the contracting firms’ invoices checked by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased PropertyLessor’s architect. The Lessee shall maintain at its principal place of business a not carry out in the Premises works other than those necessary for the normal maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyBuilding without the Lessor’s prior written permission. Where permission is given, the works of whatever nature must be executed at the Lessee’s sole expense and risk and under the supervision of an architect or any part thereof, a technical design office approved by fire or other casualty, unless this Lease the Lessor and whose fees shall be terminated pursuant to Section 13borne by the Lessee. Failing the execution by the Lessee of these works, the Lessor may substitute itself for the Lessee shalland have them carried out by a contracting firm of its choice, at its own the Lessee’s sole expense, with reasonable promptness, repair, restore or rebuild the same so that without prejudice to any costs of making-good consequent upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required damage caused by a failure to observe the provisions of this Section 8(a) and so Clause. The Lessee must suffer without any compensation or reduction in the price of the rent any urgent works of maintenance, repair or reconstruction, etc. that the value Lessor deems to be reasonably necessary to cause to be executed in the premises, during the term of this lease, whatever the nature and utility the duration thereof, even if the latter exceeds forty days, by derogation from Article 1724 of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseFrench Civil Code.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable All expenses of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property Premises and additions thereto shall be borne solely by Tenant; provided, however, that as to any major structural or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect other capital repairs or replacements, Tenant shall only be responsible for a percentage of the cost equal to the Leased Propertyratio between the remaining term of this lease and the useful life of such capital repair or replacement. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material All maintenance and repairs performed on the Leased Propertyby Landlord or Tenant shall be performed in accordance with all applicable laws. In the event during the term of this lease Landlord reasonably determines that repairs should, from time to time be made, and gives notice of such needed repairs to Tenant in writing, Tenant agrees promptly to make (or commence in the event such repairs cannot reasonably be completed within thirty (30) days in which event such repairs shall be completed as quickly as reasonably possible) such repairs within a period of thirty (30) days after such notification, and should it fail to do so, Landlord shall have the right to perform such repairs, and any monies expended therefor shall immediately become due and payable by Tenant to Landlord as additional rent. Performance by Landlord of said work shall not operate, however, so as to relieve Tenant of its default in failing to make such repairs. No mechanics’ liens shall be placed against the Leased Premises on account of any damage improvement made, or labor or materials furnished incident thereto as to or destruction the request of the Leased PropertyTenant, or any contractor or subcontractor under, or in privity with Tenant, and all contractors, subcontractors, laborers, mechanics, materialmen and others are called upon to take due notice of this clause, it being the intent hereby to expressly prohibit any such lien. As to any repair or replacement to the Leased Premises that either party is entitled to receive reimbursement for all or part thereof, by fire or of the cost thereof from the other casualty, unless this Lease shall be terminated party pursuant to Section 13the terms hereof, prior to making such repair or replacement the party making such repair or replacement shall provide in writing an itemized cost estimate and scope of work therefor and provide such other party a reasonable opportunity to review and minimize such cost. Upon the performance of any such repair or replacement by a party hereto for which such party is entitled to receive reimbursement for all or part of the cost thereof from the other party hereto, the Lessee shallparty performing such repair or replacement shall provide a written invoice to the other party, at its own expense, with reasonable promptness, repair, restore or rebuild which party shall pay the same so that upon amount invoiced in full within fifteen (15) days of the completion delivery of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseinvoice.

Maintenance. The Lessee (a) Subject to the provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the entire Term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, storefront(s), all electrical facilities and equipment, lighting fixtures, lamping, fans and electrical motors, all other appliances and equipm▇▇▇ ▇▇ every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense expense. Such replacement items shall maintainbe of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, service Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the Leased Property cost thereof shall become due and payable as additional rent by Tenant to keep it Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant. (ib) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment (HVAC) in the Premises. (c) Tenant shall furnish (at Tenant's costs and expense as good operating condition hereinafter set forth) trash and as capable garbage receptacles and the removal of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity trash and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasegarbage from said receptacles.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) Landlord shall maintain all Common Areas in first class condition, repair and cleanliness, including ice and snow removal, and sidewalk steam cleaning and shall keep the Common Areas free of any impediments and open for easy and safe movement within the Common Areas. Landlord shall keep the Common Areas well lighted until one hour after Tenant’s latest closing time and thereafter to maintain security lighting in the Common Areas, and otherwise keep such Common Areas safe and secure. Without limiting the foregoing, Landlord shall cause all snow and ice to be removed from the sidewalks in front of the Premises, the pedestrian pathways from the parking areas to the Premises, all parking for the building (including, but not limited to, the parking reserved for Tenant’s use), the vehicular and pedestrian entrances to and from the Building, and the drive-through lanes, as good operating condition and soon as capable of operating at Design Capacity as when new in accordance with the Plans, practicable. (ii) Tenant shall pay as additional rent its Proportionate Share of the reasonable costs incurred by Landlord in such condition so as to have maintaining the capacity Common Areas (the “Maintenance Costs”), but in no event shall Tenant be responsible for: (A) interest on and functional ability to performamortization of debt, on a daily basis in commercial operation, (B) Deleted; (C) wages or salaries of employees over the functions for which it was designed, in accordance with the Plansrank of property or building manager, and (iiiD) legal fees in such condition connection with the structure or ownership of Landlord or operation of Landlord as a limited partnership or relating to leasing and disputes with tenants or based upon Landlord’s negligence or willful misconduct or relating to Landlord’s defense its title to, or interest in, the Lessee wouldPremises; (E) leasing commissions, in marketing costs, disbursements, and other expenses incurred for leasing, renovating, or improving space for tenants; (F) costs of a capital nature including capital improvements, capital replacements, capital repairs, capital equipment, and capital tools, as determined under generally accepted accounting principles consistently applied; (G) any items to the prudent extent reimbursed by tenants or users to Landlord; (H) overhead and profit paid to subsidiaries or affiliates of Landlord for management of its own properties, maintain, service and repair similar property owned by or other services on or to the Lessee and in any eventProperty or for supplies or other materials, to the extent required that the costs of the services, supplies, or materials exceed the competitive costs of the services, supplies, or materials were they not provided by a subsidiary or affiliate; (I) rentals and other related expenses incurred in leasing air conditioning systems, elevators, or other equipment ordinarily considered to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition be of a penalty on any Indemnified Party capital nature; (J) items and services that Landlord provides selectively to one or materially adversely affect the Leased Property more tenants or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers users of the Leased Property Building other than Tenant without reimbursement; (K) advertising and promotional expenditures; (L) repairs or which are otherwise established other work needed because of eminent domain, fire, windstorm, or other casualty or cause insured against by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect Landlord or to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect extent Landlord’s insurance (as required above) would have provided insurance, whichever is the greater coverage; (M) costs incurred to the Leased Propertyremedy structural or other defects in original construction materials or installations; (N) any costs, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Propertyfines, or penalties incurred because Landlord violated any part thereofgovernmental rule or authority; (O) costs incurred to test, by fire survey, cleanup, contain, a▇▇▇▇, remove, or otherwise remedy hazardous wastes or asbestos-containing materials; (P) repaving the parking lot; (Q) other casualty, unless this Lease shall expenses that under generally accepted accounting principles consistently applied would not be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseconsidered normal maintenance expenses.

Maintenance. The Lessee at its sole cost provisions of Section 10B of the Lease to the contrary notwithstanding, Sublessor shall maintain in effect the HVAC service contract and expense shall maintainmake any repairs required in connection therewith, service and repair the Leased Property Sublessee shall pay to keep it (i) Sublessor Sublessee's Prorata Share of any costs arising in as good operating condition and as capable of operating at Design Capacity as when new in accordance connection with the Plansmaintenance or repair of the HVAC within fifteen (15) days following receipt of written demand for payment from Sublessor. The reference to Landlord in the last paragraph of Section 10B of the Lease shall refer to "Lessor". The provisions of the Lease to the contrary notwithstanding, (iia) in such condition so as Sublessee shall not make any alterations, additions, or modifications to have the capacity and functional ability to perform, on a daily basis in commercial operation, Premises without the functions for which it was designed, in accordance with the Plansprior written consent of Sublessor, and (iiib) Except as expressly agreed in this Sublease, Sublessor shall have no obligation to repair or replace all or any part of the Premises it being understood by the parties that such condition as obligations are Lessors under the Lessee would, in Lease or Sublessee's under this Sublease. In the prudent management of its own properties, event Lessor fails to maintain, service and repair similar property owned by the Lessee and in any event, to the extent or otherwise provide those services required to maintain be performed by Lessor under the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect Lease with respect to the Leased Property. The Lessee Premises, Sublessor, following written notice by Sublessee, shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyrequest such performance by Less▇▇. In the event of Sublessor incurs any damage to or destruction costs in connection with the replacement of the Leased PropertyHVAC as provided in Section 10C of the Lease, or any part thereofSublessee shall pay to Sublessor within thirty (30) days after receipt of billing, by fire or other casualtyas Additional Rent, unless this Lease its Prorata Share of a portion of the cost of the HVAC replacement, which portion shall be terminated pursuant to Section 13, calculated by multiplying such replacement cost by a percentage expressed as a fraction the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion numerator of such repair, restoration or rebuilding the Leased Property shall be the number of calendar months remaining in the condition required by Sublease Term at the provisions time of this Section 8(a) and so that the value and utility replacement of the Leased Property HVAC and the denominator shall be at least equal the number of calendar months in the useful life to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.HVAC

Maintenance. The Lessee Subject to the Mortgagor's rights of alteration pursuant to Section 3 hereof, the Mortgagor will maintain and operate the Sands and the hotel that is the subject of the Madison House Lease at its sole cost a quality level at least as high as that existing on the date hereof and expense shall maintain, service keep the Mortgaged Property in good condition and repair (subject to ordinary wear and tear), will not commit or suffer any waste of the Leased Mortgaged Property and will comply with, or cause to keep it (i) in as good operating condition be complied with, all statutes, ordinances and as capable requirements of operating at Design Capacity as when new in accordance with any Governmental Authority to which the PlansMortgaged Property are subject and which failure to comply therewith would have a materially adverse effect on the Mortgaged Property. Notwithstanding the foregoing, (ii) in such condition so as to the Mortgagor shall have the capacity and functional ability right to performcontest the application of any such statute, on ordinance or requirement of a daily basis Governmental Authority; provided that, if such statute or ordinance or requirement of a Governmental Authority imposes an immediate fine or monetary Imposition in commercial operationan amount in excess of $2,000,000 upon the Mortgaged Premises for the failure to comply with such ordinance or requirement, the functions Mortgagor shall either pay such fine or monetary imposition and file an action for which it was designed, in accordance recovery thereof or deposit with the Plans, and (iii) in such condition as the Lessee wouldMortgagee, in the prudent management of manner described in Section 5.4.2 hereof, an amount reasonably determined by the Mortgagee to be sufficient to protect the Mortgagee's interest (on its own propertiesbehalf and on behalf of the Holders). Subject to the provisions of Section 9.3 hereof, maintainthe Mortgagor will promptly repair, service restore, replace or rebuild any part of the Mortgaged Premises now or hereafter subject to the Lien of this Mortgage which may be damaged or destroyed by any casualty whatsoever, free from Liens and repair similar property owned encumbrances, except the Lien of this Mortgage and the other Security Documents and the encumbrances permitted by Section 1014 of the Lessee Indenture, without regard to the adequacy of any insurance proceeds, provided that the insurance proceeds are made available to the Mortgagor pursuant to Section 9 of this Mortgage. The Mortgagor will do all other things reasonably required for the maintenance and continuance of all such services in any event, respect of Impositions to the extent required to maintain fulfill the Leased Property obligations set forth in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease8.

Maintenance. The A. During the Term of this Lease, Lessee at Lessee’s expense: 1. Shall maintain and keep the Helicopter, its sole cost engines, components, appliances, accessories, instruments and expense shall maintain, service equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the Leased Property foregoing), cause to keep it be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive (i“AD’s”), Special Federal Aviation Regulations (“SFAR’s”) and all manufacturer’s service bulletins the compliance date of which shall fall during the Term of this Lease, and also in as good operating condition accordance with all manufacturer’s manuals or Lessee’s FAA approved maintenance programs. 2. Shall replace the Helicopter components, appliances, accessories, instruments and as capable of operating at Design Capacity as when new equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the Plansterms and conditions of this Lease. 3. Shall perform all overhauls, (ii) in such condition so as checks, inspections and maintenance service to have all parts of the capacity helicopter and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent engines required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be keep them in the condition required by under this Lease. 4. May make such modifications, changes or alterations to the provisions Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of this Section 8(a) and so that any such modification, change or alteration to the value and utility Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms Term of this Lease, at Lessor’s option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to pay any amount for the New Interior) to Lessor at Lessee’s cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee. 5. Shall be responsible for all required inspections of the Helicopter and its engines and licensing or re-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA. 6. All inspections, maintenance, modifications, repairs and overhauls of the Helicopter or its engines, components, appliances, accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA. 7. Shall at all times have the Helicopter’s engines and transmission on a “Power By the Hour” program, which is approved by Lessor. Lessee shall use its best efforts to have the “Power By The Hour” agreement assigned at the end of the Term. 8. Shall inspect and clean the Helicopter on a regular basis.

Maintenance. The Lessee at its sole cost Tenant shall, throughout the term of this Lease, take good care of the leased premises and expense the fixtures and appurtenances therein. Tenant shall maintainbe responsible for all damage or injury to the Demised Premises or any other part of the Demised Premises and Warehouse and the systems and equipment thereof, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Demised Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Landlord shall maintain in good working order and repair the Leased Property to keep it (i) exterior and the structural portions of the Demised Premises as well as the public portions of the Building interior and the Building plumbing and electrical systems located outside of but serving the leased premises. Landlord shall maintain in good working order and repair the heating, air-conditioning and ventilating systems located within the Demised Premises. All of Landlord’s expenses incurred in the maintenance of the Demised Premises shall be considered operating expenses payable by Tenant as good operating condition and as capable of operating at Design Capacity as when new additional rent in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms 5 of this Lease. Tenant shall maintain in good working order and repair those portions of utility systems, including but not limited to, plumbing, electrical and lighting systems (including the purchase and replacement of light bulbs), located within the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Demised Premises or in and to the fixtures, appurtenances or equipment thereof, provided Landlord is prosecuting such repairs, alterations, additions or improvements with reasonable diligence. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Landlord to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. Upon the expiration or other termination of the term of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises, broom-clean, and in good order and condition, ordinary wear excepted, and Tenant shall remove all of its property.

Maintenance. The Lessee at its sole cost and expense This Section shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect apply with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Cars. A) Lessee shall, at its own expense, perform or have performed all inspections of, maintenance and repairs to, and servicing of the Cars as shall be necessary to maintain the Cars in good operating condition as specified in the Interchange Rules ("Maintenance"). Lessee shall be required to preserve the Cars in good operating condition and in conformance with AAR and FRA rules governing the interchange of freight cars at all times while the Cars are covered by this Agreement. Lessee shall use reasonable promptnessefforts to minimize any damage to the Cars and shall notify Lessor in writing of any maintenance required, repairpursuant to AAR Interchange Rule 107. B) In the event the U.S. Department of Transportation, restore or rebuild any other governmental agency or nongovernmental organization having jurisdiction over operation, safety or use of railroad equipment, requires that Lessor add, modify or in any manner whatsoever adjust the same so that Cars ("Required Modifications") in order to qualify them for operation in railroad interchange, (i) Lessee shall pay the first $5,000 in Required Modification costs; (ii) Lessor shall pay the excess Required Modification costs, up to $10,000 (for a combined total Required Modification cost of $15,000); (iii) the portion of the excess Required Modifications paid by Lessor shall be amortized over the anticipated life of the modification, and Lessee shall pay Lessor a pro rata portion of such cost, with interest at prime plus one percent (1%) each month through the later of the termination of the subject Schedule or Lessee's return of the subject Cars to Lessor; and (iv) in the event the cost of the Required Modifications will exceed $15,000, Lessor may elect to permanently remove such Cars from Lessee's service, and in such event the rental with respect to such Cars shall terminate upon the completion date specified in writing by Lessor, provided that such date must be prior to the date the Required Modification is so required to be made. No rental credit will be issued on Cars entering the shop for any Required Modification for the first fifteen (15) days and, thereafter, Lessee shall not be obligated in respect to rent on such Cars until the Required Modifications are completed and such Cars are returned to service. C) Lessee at any time may modify, alter or improve any Car (a "Voluntary Modification"), provided that no Voluntary Modification shall adversely affect the fair market value, utility or remaining useful life of such repairCar. Title to each such Voluntary Modification shall remain with Lessee so long as it is readily removable from such Car, restoration or rebuilding and its removal will not interfere with the Leased Property shall be in the condition required by the provisions of this Section 8(a) normal use and so that the value and utility operation of the Leased Property Car. At Lessee's option or Lessor's request, Lessee shall be at least equal remove Voluntary Modifications prior to the value and utility return of the Leased Property Car to Lessor hereunder, and restore the Car to its condition immediately prior to the occurrence of such casualty assuming that Voluntary Modification. In all other instances, title to any Voluntary Modifications and Required Modifications, whether or not authorized, shall be and remain with Lessor. D) Lessee shall use the Leased Property was then Cars in the condition required to be maintained by compliance with the terms of this LeaseAgreement, in a careful and prudent manner, solely in the use, service and manner for which the Cars were designed and at no time shall be used in a service in which the Cars will be subjected to hazardous or corrosive substances, or to thaw, heat, open flames or other unloading practices damaging to the Cars, provided that this Subsection 6(D) shall not be deemed to prohibit that transportation of hazardous or corrosive substances in the Cars in accordance with applicable Interchange Rules and applicable environmental laws and regulations.

Maintenance. The Lessee Landlord shall repair and maintain in good condition, the structural parts of the Building, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems lying outside the Building, exterior doors (excluding glass), window frames, gutters and downspouts on the Building, and the exterior portions of the Phase (parking and other paved areas and landscaped areas); provided, however, (a) the cost of all such maintenance shall be considered “Expenses” for purposes of Section 4.c except to the extent excluded by Section 4.c, (b) to the extent not covered by insurance, the cost of any work required due to damage or excessive wear caused by Tenant or its agents shall be paid by Tenant, and (c) Landlord shall not be obligated to maintain any outdoor equipment or improvements of Tenant such as any tank farm nor to perform any work related to any Betterment or necessitated due to any Betterment, all of which shall be performed by Tenant at its sole cost expense. Except as provided above, Tenant shall maintain and expense repair (but, except as provided in Section 4.c, not replace) the Premises in good condition, ordinary wear and tear excepted, including, without limitation, maintaining and repairing all other walls, floors, ceiling, interior doors, exterior and interior windows and fixtures as well as damage caused by Tenant, its agents, employees or invitees. Tenant shall maintain, obtain and deliver to Landlord a service and maintenance contract for all HVAC units and systems serving the Building. Tenant shall, through such contract and as otherwise necessary, repair the Leased Property to keep it (i) and maintain such HVAC in as good operating condition and any replacements shall be treated as capable of operating at Design Capacity as when new provided in accordance with the Plans, (iiSection 4(c) in such condition above. Such contract shall be renewed so as to have be in constant force and effect; the capacity terms and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in form of such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, contract are subject to the extent required reasonable approval of Landlord. Tenant shall make such alterations and improvements to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules Premises as are required to enforce warranty claims against comply with Laws to the manufacturers extent attributable to the unique and suppliers specific use of the Leased Property Premises by Tenant, but Tenant shall have no obligation to make improvements or which are otherwise established alterations required by Laws of general applicability (such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect building codes requiring earthquake reinforcement, compliance with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log Americans with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyDisabilities Act, or environmental conditions not created or caused by Tenant); any part thereof, by fire or other casualty, unless this Lease such work shall be terminated pursuant to accomplished in compliance with Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore 13 below. Upon expiration or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed at the commencement of the term, except for reasonable wear and tear.

Maintenance. The Lessee at its sole cost Tenant shall , throughout the term of this lease, take and expense good care of the demised premises and the fixtures and repairs appurtenances therein. Tenant shall maintainbe responsible for all damage or injury to the demised premises or any other part of the building and the systems and equipment thereof, whether requiring, structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage tot the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's expense, all repairs in and tot he demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the Leased Property to keep it (i) in as good operating condition exterior and as capable the structural portions of operating at Design Capacity as when new in accordance with the Plansbuilding, (ii) in such condition so as to have including the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansstructural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical and ventilation systems (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required such systems presently exist) servicing the demised premises. Tenant agrees to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result give prompt notice to any defective condition in the imposition premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of a penalty rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any Indemnified Party or materially adversely affect portion of the Leased Property building or the operation demised premises or in and to the fixtures, appurtenances or equipment thereof, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease, Tenant agrees that Tenant's sole remedy at law in such instance will be by the way of an action for damages for breach of contract. The Lessee provisions of this Article 4 shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against not apply in the manufacturers and suppliers case of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, casualty which are dealt with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.Article 9 hereof. Window Cleaning:

Maintenance. The Lessee Subtenant shall, at all times during the Term, at its sole cost and expense expense, promptly perform all maintenance and repairs to the interior of the Third Floor Space that are not Master Landlord’s, Sublandlord’s or Tenant’s express responsibility under the Master Lease, Sublease or this Agreement, and shall maintainmaintain the interior of the Third Floor Space, service including, without limitation, the FF&E, in good condition and repair repair, reasonable wear and tear and damage caused by casualty excepted and repairs that are the Leased Property express responsibility of Master Landlord, Sublandlord, and Tenant under the Master Lease, Sublease and this Agreement excepted. For the avoidance of doubt, Subtenant’s obligations as to keep it the Third Floor Space under the preceding sentence shall not differ from Tenant’s obligations as to the Subleased Premises as set forth in Section 5.5(b) of the Sublease. Notwithstanding anything to the contrary expressed in this Agreement, but subject to the provisions of the Master Lease and Sublease, Tenant shall not be liable for and there shall be no abatement of rent with respect to any injury or interference with Subtenant’s business arising from any performance or nonperformance of any repair, maintenance, alteration or improvement in and to any portion of the Subleased Premises, including the Third Floor Space, no actual or constructive eviction of Subtenant shall result from such performance or non performance; provided, however, that notwithstanding anything to the contrary contained in this Agreement, (i) in as good operating condition Tenant, upon its receipt of written notice from Subtenant, shall use reasonable efforts to enforce all repair and as capable maintenance obligations of operating at Design Capacity as when new in accordance with Sublandlord under the PlansSublease and Master Landlord under the Master Lease, and (ii) in such condition so if for any reason Tenant shall be entitled to receive under the Sublease an abatement of rent as to the Third Floor Space (applicable to any period during the Term) and receives such an abatement, then Subtenant shall be entitled to receive from Tenant an equitable abatement of Sub-Rent payable under this Agreement. Except for any termination rights that Subtenant may have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to the Third Floor Space or destruction Building caused by a casualty or condemnation, Subtenant shall not have the right to terminate this Agreement, and Subtenant shall not be relieved from the performance of any covenant or agreement in this Agreement by reason thereof. Subtenant hereby waives ad releases its right to make repairs at Tenant’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the Leased Property, California Civil Code or any part thereofsimilar or successor law now or hereinafter in effect. At the end of the Term or earlier termination of this Agreement, by fire or other casualty, unless Subtenant’s surrender obligations under this Lease Agreement shall be terminated pursuant deemed satisfied if Subtenant shall deliver the Third Floor Space to Section 13Tenant in broom clean condition, the Lessee shallfree of its personal property, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property and shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility have no obligation to remove any of the Leased Property shall be at least equal FF&E or any Alterations or Tenant Improvements made to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained Third Floor Space by the terms of this LeaseSublandlord or Tenant.

Maintenance. (a) The Lessee at its sole cost Tenant shall keep the leased Premises in a neat, clean, and expense shall maintain, service sanitary condition and repair the Leased Property to keep it (i) in as good operating condition order and repair as capable at the commencement of operating at Design Capacity the Lease, reasonable wear and tear excepted. Tenant shall not do anything to cause the leased Premises or the activities therein to violate any municipal, county, state, or federal law, ordinance, or requirement, including, but not limited to any Maine Department of Environmental Protection regulations, and shall promptly act upon any direction of any officer of competent authority. The Tenant shall permit no waste with regard to the leased Premises. Tenant shall make no permanent improvements to the leased Premises without the prior written approval of Landlord which approval shall not be unreasonably withheld or delayed. Any such permanent improvements approved by Landlord shall become the property of Landlord upon termination of this lease for any reason except as when new mutually agreed by Tenant and Landlord. No work which Landlord permits Tenant to do pursuant to this Lease, whether in accordance with the Plansnature of erecting, (ii) in such condition construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so as that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to have Tenant to improve the capacity and functional ability Premises. Tenant shall pay promptly all persons furnishing labor or materials performed or furnished, or alleged to performbe performed or furnished, on a daily basis in commercial operationto Tenant or to anyone holding the leased Premises through or under Tenant, Tenant shall forthwith cause the functions for which it was designedsame to be discharged or bonded after being notified of the filing thereof; and, in accordance with addition to any other right or remedy of Landlord, Landlord may discharge the Planssame by paying the amount claimed to be due, and the amount so paid by Landlord including reasonable attorney's fees incurred by Landlord in procuring the discharge of lien, per annum, shall be due and payable by Tenant to Landlord as additional rental. in addition, Landlord may charge interest of eighteen percent (iii18%) in on such condition as funds after thirty (30) days of delivery of notice by Landlord to Tenant that Landlord has paid such lien. (b) The Landlord shall keep the Lessee wouldstructural, in mechanical, electrical, and sanitary portions of the prudent management of its own propertiesbuilding which shall be defined to include without limitation, maintainexterior walls, service foundation, floors, roof, and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property exterior glass in good repair in a manner consistent with prudent industry practice order and in compliance in all material respects with all Applicable Lawsrepair, rules and regulationsprovided, noncompliance with which might result in however, that any such maintenance made necessary by fault or neglect of the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property Tenant or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers employees or visitors of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property Tenant shall be at least equal to the value and utility expense of the Leased Property immediately prior Tenant and Tenant shall pay all costs therefore. Tenant will be responsible for all light bulb replacement and supplies consumed within its leased premises. (c) Tenant shall be solely responsible for any costs related to security of the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained premises necessitated by use by the terms Tenant, its employees, customers, or clients, except as it relates to common areas which shall be protected and maintained with reasonable efforts at Landlord's expense. This determination shall be at the sole discretion of this Leasethe Landlord.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallLessee, at its own expense, shall at all times, (i) maintain the Property in a good state of condition, and in a manner consistent with reasonable promptnessthe standards of operation and maintenance employed at facilities similar to the Property and owned or operated by Lessee, repairnormal wear and tear and damage by casualty and condemnation excepted, restore or rebuild (ii) maintain the Property in accordance with the requirements of all insurance policies relating to the Property required to be maintained hereunder and in compliance with Applicable Laws and (iii) make repairs and Alterations of the Property necessary to keep the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(apreceding clauses (i) and so (ii), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen and regardless of whether such expenditures would constitute expenses under GAAP if made by the owner of the Property; provided, if such repairs are structural and pursuant to Section 8.3 require the consent of the Lessor (because they materially reduce the value of the Property), Lessee shall obtain such consent before performing such repairs. At least once annually Lessee shall deliver to Lessor Lessee's scheduled maintenance program for the following twelve (12) month period. If normally done as a part of preparing such schedule, Lessee shall include expected timing of the proposed repair or maintenance item, and the estimated cost thereof. Lessor acknowledges that Lessee is not bound by such schedule, which is submitted for informational purposes only and the information contained therein shall not create any presumption against Lessee whatsoever that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition work described therein is required to be maintained by satisfy the terms maintenance requirements of this Lease. Lessee shall not be bound to perform all of the work set forth on the schedule, it being understood that delivery of the schedule neither expands nor reduces Lessee's maintenance obligations under this Lease. During the Term of this Lease, Lessee shall have the exclusive right to select the property manager for the Property. It is hereby acknowledged that, as of the date of this Lease, the property manager is ▇▇▇▇▇▇▇▇ ▇▇▇▇ Company by virtue of a contract with Lessee, which contract is personal to Lessee, and to which Lessor is not a party.

Maintenance. The Lessee Mortgagor will, or will cause Tenant (as hereinafter defined) to, cause the Mortgaged Premises and every part thereof to be maintained, preserved and kept in safe and good repair, working order and condition, will abstain from and not permit the commission of waste in or about the Mortgaged Premises, and will comply with all laws and regulations of any governmental authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any, affecting the title to the Mortgaged Premises, or any part thereof. Mortgagor also will, or will cause Tenant to, from time to time make all necessary and proper repairs, renewals, replacements, additions and betterments thereto, so that the value and efficient use thereof shall be fully preserved and maintained and so as to comply with all laws and regulations as aforesaid. Mortgagor will not otherwise make any material modifications to the Mortgaged Premises without the written consent of Mortgagee; provided, however, that Mortgagee’s consent will not be required for any modification to the Mortgaged Premises that may be completed by Tenant under the terms of the Lease (as hereinafter defined) without the consent of ▇▇▇▇▇▇▇▇▇. If Mortgagee has reasonable cause to believe that the Mortgaged Premises is not in compliance with applicable laws and regulations (including environmental, health and safety laws and regulations), at the request of Mortgagee, from time to time, Mortgagor, at its sole cost and expense shall maintain, service will furnish Mortgagee with engineering studies and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect soil tests with respect to the Leased Property. The Lessee shall maintain at its principal place Mortgaged Premises, the form, substance and results of business a maintenance log with respect to the Leased Property, which shall include be satisfactory and certified to Mortgagee. Mortgagee agrees that ▇▇▇▇▇▇▇▇▇ shall not be required to pay the dates costs associated with such studies and details tests more than once in any Loan Year (as defined in the Note). If any such engineering studies or soil tests indicate any violation, of all material maintenance and repairs performed on the Leased Property. In the event of any damage to environmental, health, safety or destruction of the Leased Propertysimilar laws or regulations, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallthen Mortgagor, at its own sole cost and expense, will promptly take whatever corrective action is necessary to assure the Mortgaged Premises is in full compliance with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaselaw.

Maintenance. The Lessee A. Subject to Section 8.B below, Tenant shall keep the Demised Premises and the fixtures and equipment therein in clean, safe and good operating condition, ordinary wear and tear excepted, and shall at its sole cost and expense shall maintainexpense, service promptly make all repairs and perform all maintenance, in and to the Demised Premises that are necessary to keep the Demised Premises in good order and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any eventa safe and rentable condition, to ordinary wear and tear excepted, but Tenant shall not be responsible for maintenance items expressly assumed by Landlord under the extent required to maintain terms of this Lease or maintaining the Leased Property in good repair Demised Premises in a manner consistent that is inconsistent with prudent industry practice and Tenant’s maintenance standards for the Demised Premises prior to the Effective Date. In no event shall Landlord or Tenant have any obligation to make any changes, upgrades or other improvements to the Demised Premises in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall order to comply with such repair and maintenance standards and schedules as are required any present or future laws, ordinances, regulations or orders of any governmental authorities having jurisdiction over the Demised Premises, subject to enforce warranty claims against the manufacturers and suppliers Section 18 of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertythis Lease. In the event Tenant fails to maintain the Demised Premises in good order, condition and repair, ordinary wear and tear excepted, Landlord may (but shall not be obligated to) give Tenant notice to do such acts as are reasonably required to so maintain the Demised Premises. In the event that after such notice Tenant shall fail to promptly commence such work and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of any damage Tenant as are reasonably required to or destruction of the Leased Property, or any part thereof, perform such work. Any amount so reasonably expended by fire or other casualty, unless this Lease Landlord shall be terminated pursuant to paid by Tenant, as Additional Rent, promptly after demand with interest at the Default Interest Rate defined in Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms 24 of this Lease. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with respect to Tenant’s use of the Demised Premises as a result of performing any such work, unless caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors. Maintenance and repair of special tenant areas, facilities, kitchen/galley/coffee equipment, air-conditioning equipment servicing the Demised Premises only and all other furniture, finishes and equipment of Tenant and any Alterations (hereinafter defined) made by Tenant shall be the sole responsibility of Tenant. In the event that Tenant requests that Landlord and/or its agents perform such work and Landlord agrees to do so, Tenant shall reimburse Landlord promptly for the actual cost of the same.

Maintenance. The Lessee at its sole cost Landlord shall not be called upon and expense shall maintainhave no obligation to make any repairs, service and repair improvements or alterations whatsoever to the Leased Property to keep it Premises except that during the term of this Lease, Landlord shall maintain the exterior walls (ibut not storefronts, glass, plate glass, doors or painting) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansstructural repair, and (iii) in such condition as shall keep the Lessee wouldroof of the building watertight; provided, in the prudent management of its own propertieshowever, maintain, service and repair similar property owned by the Lessee and in that Landlord shall not be required to make any event, repairs to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, roof or any part thereofof the Premises until written notice of the need for such repairs is given to Landlord by Tenant. It is further provided that Landlord shall not be liable for or required to make any repairs, or perform any maintenance, to or upon the Premises which are required by, related to or which arise out of negligence, fault, misfeasance or malfeasance of and by fire Tenant, its employees, agent, invitees, licensees or other casualtycustomers, unless this Lease in which event Tenant shall be terminated pursuant to Section 13solely responsible therefor; and if such repairs are undertaken by Landlord, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property it shall be solely at the expense of Tenant and Tenant shall pay said amounts within 30 days of receipt of billing therefor, or in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property alternative shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then considered in the condition required to be maintained by default under the terms of this Lease. Tenant shall repair, service, keep and maintain the interior of the Premises, including all plumbing, wiring, piping, sprinkler system, and fixtures, doors, equipment and appurtenances, as well as the exterior storefront, in good and substantial repair and in a condition of first class appearance during the entire term of this Lease and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense.

Maintenance. The Lessee Tenant shall at its sole cost all times, including any Requisition period, put, keep and expense shall maintain, service and repair maintain the Leased Property Premises, including, without limitation, the roof, landscaping, walls (interior and exterior), footings, foundations, parking lot improvements and structural and mechanical components of the Leased Premises in good repair and appearance, and shall promptly make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Leased Premises in order to keep it (i) and maintain the Leased Premises in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules appearance as are required they were as of the Commencement Date. Tenant shall do or cause others to enforce warranty claims against the manufacturers and suppliers do all shoring of the Leased Property Premises or which are otherwise established of foundations and walls of the Improvements and every other act necessary or appropriate for preservation and safety thereof, by such manufacturers and suppliers as recommended operating procedures and reason of or in connection with any standards imposed by excavation or other building operation upon any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyPremises, whether or not Landlord shall, by reason of any Legal Requirements or Insurance Requirements, be required to take such action or be liable for failure to do so. Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property Premises in any way, and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may otherwise be provided for in any law now or hereafter in effect. Nothing in the preceding sentence shall be at least equal deemed to the value and utility of the Leased Property immediately prior preclude Tenant from being entitled to the occurrence of such casualty assuming that the Leased Property was then in the condition required any Proceeds or Awards for Restoration pursuant to be maintained by the terms of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner. If any such repair or maintenance constitutes an "Alteration" as defined herein, Paragraph 11 below shall govern Tenant's completion thereof with respect to notices to and/or consents from Landlord and. the requirement for supervision by an architect or engineer.

Maintenance. The Lessee at its sole cost Tenant(s) shall use and expense maintain the Premises in accordance with applicable police, sanitation, and all other regulations imposed by governmental authorities. Tenant(s) also shall maintainmaintain the Premises in a neat and orderly manner. Tenant(s) will observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates. Tenant(s) shall indemnify the Landlord(s) for the repair of all damages to the Premises and structure of which they are a part, service including fire and flood damage, caused by Tenant(s), their guests or invitees; they shall reimburse Landlord(s) for all permit, inspection, and certification costs it incurs because of their noncompliance with this lease or applicable laws; and they shall reimburse Landlord(s) for all damages resulting from not reporting the need for repair or maintenance in a reasonably timely manner. Nothing in this clause shall waive or lessen Landlord(s)’s obligation to maintain and repair the Leased Property Premises under Michigan law, but Landlord(s) is not liable for any loss that accrues to keep it (iTenant(s) because of Landlord(s)’s actions in as good operating condition reasonably fulfilling its obligations hereunder. It shall be Tenant(s)’ responsibility to clear all snow and as capable ice from the driveway, porch steps and sidewalk and maintain the same free from all ice and snow during a reasonable time after an accumulation of operating at Design Capacity as when new two inches of snow or an accumulation of ice; this would include the Tenant’s duty to salt and shovel all paved areas and sidewalks on or adjacent to the Premises. Landlord may agree to provide some snow removal services, but the responsibility to maintain safe conditions in accordance with or around the PlansPremises shall be the exclusive responsibility of the Tenant. Any failure to maintain the Premises in a safe manner that results in injury to tenants, (ii) in such condition so as to have occupants, guests or invitees shall be the capacity and functional ability to perform, on a daily basis in commercial operation, sole responsibility of the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, Tenant to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in that Landlord is not insured for any loss. Tenant(s) assume all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect liability with respect to snow and ice accumulation on the Leased PropertyPremises and any other dangerous conditions permitted to remain by them on the Premises. The Lessee As indicated here, Tenant shall maintain at its principal place of business a maintenance log with respect be required to the Leased Property, which shall include the dates and details of all material pay for maintenance and repairs performed on for the Leased Propertyfirst $125 of each occurrence and the Landlord shall be responsible for any repair expense over said designated sum unless the cause of the repair is caused by the tenant(s)’ conduct, action(s), inaction(s), failure to timely notify of an obvious condition necessitating expeditious notification to Landlord of the need for maintenance or repair of a condition; if the latter circumstance(s) exist, tenant(s) shall be responsible for the entirety of the maintenance or repair expense. If the contractor is engaged by the Tenant, it must be pre-approved by the Landlord unless exigent circumstances exist. In the event of order for tenant to be entitled to reimbursement for any damage to or destruction payments advanced by tenant, tenant must obtain and furnish a receipt of the Leased Propertyperformed work to the Landlord and have written pre- approval by landlord. Tenant authorizes Landlord to register tenant as a responsible party for any trash, litter, weed or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so grass cutting code violations. Any code violation that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required was caused by the provisions of this Section 8(a) and so that the value and utility Tenant is grounds for termination of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaselease.

Maintenance. The Lessee (a) Landlord shall keep, maintain, and repair the Property and any part thereof, including, without limitation, the Improvements, in good condition and repair; provided, however, that Tenant shall be responsible at its sole cost and expense shall maintainfor all maintenance, service repairs or replacements which are necessary to keep the Property or any part thereof in good condition and repair the Leased Property to keep it which arise as a result of (i) in as good operating condition and as capable the gross negligence or willful misconduct of operating at Design Capacity as when new in accordance with the PlansTenant, its employees, agents, contractors, licensees or invitees, or (ii) the failure of Tenant to report any such maintenance, repairs or replacements pursuant to Section 9(c). (b) Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in such condition so as connection with this Section 9 shall not in any event exceed Ninety Thousand and No/100 Dollars ($90,000.00) per Lease Year (the "Maintenance Expense Cap"), and Landlord shall not be required to have (i) make any expenditure in excess of the capacity and functional ability to performMaintenance Expense Cap or (ii) perform any maintenance, on a daily basis in commercial operationrepairs or replacements if the cost of said maintenance, repairs or replacements would exceed the functions for which it was designedMaintenance Expense Cap. Landlord may, in accordance its sole discretion and upon Tenant's request, perform or cause to be performed such maintenance, repairs or replacements in excess of the Maintenance Expense Cap. All maintenance, repairs and replacements on the Property or Improvements shall be performed by and at the direction of Landlord and with contractors and subcontractors approved by Landlord in its sole discretion. To the Plansextent that any maintenance, repairs and replacements are at Tenant's cost and expense, Tenant shall reimburse Landlord within ten (iii10) in days of the completion of said maintenance, repair or replacement for all costs incurred by Landlord, plus Interest from the date such condition as expense was incurred by Landlord to the Lessee woulddate that the full amount to be reimbursed plus all Interest accrued thereon has been paid to Landlord. (c) Tenant shall promptly inform Landlord of all maintenance, in repairs or replacements which are required to the prudent management of its own properties, maintain, service Property during the Term and repair similar property owned by Landlord shall have no liability to Tenant for the Lessee and in failure to make any event, repairs to the extent required Tenant has not provided such notice to maintain Landlord. (d) For the Leased Property avoidance of doubt, Tenant shall be solely responsible for all of Tenant's operations at the Facility and Landlord shall have no obligation to provide any labor or services in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply connection with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseoperations.

Maintenance. The Lessee REPLACEMENT: Tenant shall be solely responsible for maintaining the Leased Premises in good, clean, safe, and attractive condition, for keeping the same clean and free of trash and debris. Landlord shall be responsible for the repair and maintenance of the heating, ventilation, air conditioning, plumbing and electrical systems. In the event Landlord chooses to purchase a maintenance contract to provide for said HV AC systems, Tenant shall share the expense of said maintenance contracts not to exceed $500 per year . Landlord shall be responsible for structural and roof repairs provided that repairs are not necessary due to the negligence of Tenant. Tenant shall have the right to replace any structures, fixtures and equipment provided by Landlord under this Lease at its such time as the same are in need of replacement (subject to Article 13 above ), and possession of all such replacement structures, fixtures and equipment shall be surrendered up to Landlord along with delivery of the Leased Premises and the facility at the end of the Term and/or Extended Term. Should Landlord fail to repair any roof leak or structural defects which were not caused by negligence of the Tenant and or it's invites then Tenant shall have the option to make necessary repairs at Tenant's sole cost and expense or terminate the lease by giving Landlord written notice. Tenant shall maintain, service and repair not commence 174 or permit the Leased Property to keep it (i) in as good operating condition and as capable commencement of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers leasehold improvements of the Leased Property Premises or the renovation, enlargement, demolition or material modification of any part of the Facility except with the prior written approval of Landlord in each instance; following each instance in which are otherwise established by such manufacturers approval has been granted, Tenant shall provide copies of as-built drawings of same promptly upon completion. Tenant shall keep premises free and suppliers as recommended operating procedures clear of any and all mechanics liens for the duration of this lease. This Article shall survive Termination or expiration of this Lease. Tenant shall, for the duration of the Lease term and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part extensions thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own cost and expense, with reasonable promptness, keep and maintain or cause to be kept and maintained in good condition and repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by ordinary wear and tear and the provisions of this Section 8(aArticle 19 hereof excepted, all buildings and improvements at any time erected on the demised premises and shall use all reasonable precaution to prevent waste, damage or injury to said buildings and improvements. Tenant (if third persons are not obligated with respect thereto) shall also at its own expense maintain, keep open, free from obstruction and so that in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the value premises. Tenant shall also at Tenant's expense maintain in good condition the landscaping and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseprovide for trash removal.

Maintenance. The Lessee District shall be obligated, at its sole all times, throughout the term of this Agreement, without cost and expense shall maintainto City, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property Premises, AWTF and Related Facilities and all Subsequent Alterations or Improvements in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptnessappearance, repair, restore and safe condition, except for ordinary wear and tear, and in a condition otherwise satisfactory to Director. District shall maintain all improvements on the Premises, whether installed by District or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property City. All maintenance shall be performed diligently and shall be of a quality equal to or better than the original work in materials and workmanship, and all work shall be subject to the condition required prior written approval of Director, which approval shall not be unreasonably withheld. When used in this Agreement, the term “maintenance” shall include all repairs, alterations, maintenance and/or removals reasonably deemed necessary by Director in order to ensure that the provisions AWTF and Related Facilities will consistently operate pursuant to the operational parameters set forth in Exhibit E. Landlord may enter the Premises at any time during regular business hours, to determine if District is in compliance with the requirements of this Section 8(a) 7. If, following any such inspection by Landlord, Landlord delivers notice of any deficiency to District; District shall promptly prepare and so that deliver to Landlord, District’s proposed plan for remedying the value and utility indicated deficiencies. ▇▇▇▇▇▇▇▇’s failure to deliver, following any Landlord’s inspection, any notice of deficiency to District, shall not be deemed to be Landlord’s approval of the Leased Property shall be at least equal to the value and utility then condition of the Leased Property immediately prior to the occurrence Project, nor Landlord’s waiver of such casualty assuming that the Leased Property was then in the condition required to be maintained any default by the terms of District under this LeaseSection 7.

Maintenance. The Lessee Landlord shall maintain all Shell Construction items, Building Systems (defined below), and Building common areas including all parking areas and landscaping, in good order and condition as customary for Comparable Buildings. “Building Systems” shall include all electrical, plumbing, and air conditioning systems within the Building which either were included in the Shell Construction or which were installed by Tenant pursuant to this Lease and which meet the following requirements: (i) properly approved by Landlord; (ii) installed in conformance with all plans and specifications as approved by Landlord; (iii) Tenant shall have informed Landlord in writing of the name, address, phone number and contact person of the contractor responsible for the installation of such system; (iv) Tenant shall have assigned in writing all contractor’s and manufacturer’s warranties received by Tenant in connection with such system; and (v) in connection with Tenant’s contracting for the installation thereof, Landlord shall have been expressly named as a third party beneficiary to, and shall have been provided copies of, such contract and any related warranties. Notwithstanding the foregoing, “Building Systems” shall not include any improvements made to or within the Premises which differ from the base building systems or are otherwise specialized to Tenant’s use and occupancy of the Premises and not customary for office tenants in Comparable Buildings. Any such improvement shall be maintained and repaired by Tenant, at its sole cost and expense shall maintainexpense, service with contractors and repair the Leased Property to keep it (i) subcontractors approved by Landlord in as good operating condition writing and as capable of operating at Design Capacity as when new otherwise in accordance with the Plans, (iiprovisions of Subsections 7(b) in such condition so as and 7(d) below. Landlord agrees to have the capacity provide services and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair Building in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair services and maintenance standards provided to office tenants in Comparable Buildings; provided, however, all costs and schedules as are required to enforce warranty claims against expenses associated with the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Propertymaintenance, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event repair and/or replacement of any damage to item, element or destruction component of Building Systems which was installed by or at the Leased Property, or any part thereof, by fire or other casualty, unless this Lease request of Tenant (except as approved above) shall be terminated pursuant borne solely by Tenant, and Tenant agrees to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion reimburse Landlord for all such costs and expenses within fifteen (15) days after receipt of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasean invoice therefor.

Maintenance. Lessor has three levels of service, which are described below. The applicable level of service is indicated in the Agreement, or in the absence of such indication is deemed to be Net. Under all service levels, Lessee is solely responsible for checking the hub oil level of the Trailer daily and adding oil as required. In the event that Lessor performs repairs for which Lessee is responsible hereunder, Lessee shall pay for such services at its a rate of $75 per hour for labor and Lessor’s then current prices for parts. Lessor shall have the right to inspect all maintenance or repairs performed on the Trailer by anyone other than Lessor, and to correct, at Lessee’s sole cost and expense shall maintainexpense, service and repair all defects in materials or workmanship that, in Lessor’s sole discretion, result from the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial Lessee’s use operation, maintenance and /or repair of the functions for which it Trailer. If Lessee replaces any parts, accessories or tires, such replacement item(s) shall be comparable in quality to the item(s) being replaced as of the time when the Trailer was designed, in accordance with the Plansfirst accepted by Lessee, and (iii) in such condition as shall become the Lessee would, in the prudent management property of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, Lessor immediately upon attachment to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofTrailer. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain all records relating to the maintenance, repairs and use of the Trailer at its principal place of business a and Lessor, upon request, shall be permitted to examine said records and/or inspect the Trailer during normal business hours. To the extent Lessee is unable to return the Trailer to Lessor’s designated facility due to exigent circumstances, Lessee shall contact Lessor to locate an acceptable third-party vendor to perform the necessary maintenance log with respect and/or repair. Under no circumstances will Lessor be obligated to the Leased Propertypay, which shall include the dates or otherwise credit/reimburse, Lessee for any maintenance and/or repair performed by any non-Lessor party (including Lessee and details of all material third parties) without Lessor’s prior written approval and consent to said repair, maintenance and repairs performed on the Leased Propertyassociated charges. In the event of any damage Moreover, under no circumstances shall Lessor be obligated to or destruction of the Leased Propertypay, or otherwise credit/reimburse, Lessee for any part thereofexpenses relating to any maintenance and/or repair: (i) that does not constitute normal wear and tear including, without limitation, damage; and/or (ii) performed by, or otherwise caused by, services provided by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) a non-Lessor party without Lessor’s prior written consent and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseapproval.

Maintenance. The Lessee at its sole cost Lessor will, upon Lessee’s notice or as such need becomes known to Lessor, make all necessary repairs to and expense shall maintainperform all necessary maintenance upon the Building and all parts thereof, service as such are required in the normal maintenance and repair operation of the Building and the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the PlansPremises, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions except those repairs for which it was designedLessee is expressly responsible pursuant to any other provisions of this Lease, those repairs that other Tenants are responsible for with respect to their premises under the provisions of said Tenants’ leases and except as provided in accordance with Sections 16 and 17 hereof. In so doing, Lessor may close wholly, or in part, or may use any entrances to the PlansBuilding or the Leased Premises provided an entrance for ingress and egress is maintained. Lessor, through Lessor’s property management agent, shall keep the Leased Premises and the common areas reasonably clean, without cost to Lessee, and (iii) in no person or persons other than the property management agent, will be permitted to enter the Leased Premises for such condition as purpose without the prior written consent of Lessor. Lessee would, in the prudent management shall not cause or permit others to cause unnecessary labor by reason of its own properties, maintain, service carelessness and repair similar property owned by the Lessee and in any event, indifference to the extent required to maintain the Leased Property in preservation of good repair in a manner consistent with prudent industry practice order and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers cleanliness of the Leased Premises and the common areas, or of other parts of the Building to which Lessee is permitted to have access, provided, however, that Lessee shall have the right, upon prior written request to Lessor, to restrict access of such property management service (i.e., janitorial service personnel) to certain specified areas. Property management service will not include polishing of furniture or any personal service. Lessee shall have the right to notify Lessor of any objections to or deficiencies in janitorial service and Lessor shall, if necessary, take appropriate action in order to remedy such objections or deficiencies. Lessee shall be responsible for the cost of the maintenance and repair of the inner surfaces of the wait, floors (including carpets and other floor covering) and ceilings of the Leased Premises, ordinary wear and tear accepted. Lessee shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Leased Premises, the Building, and the facilities and systems thereof, the need for which are otherwise established arises out of Lessee’s moving property in or out of the Building, or the installation or removal or furniture, fixtures, or other property by such manufacturers and suppliers as recommended operating procedures Lessee or in the act, omission, manner of occupancy, misuse or neglect of Lessee or any of its sublessees or its or their employees, agents, servants, contractors or invitees. Lessee shall promptly make, at Lessee’s expense, all repairs in or to the Leased Premises for which Lessee is responsible, and any standards imposed repairs required to be made by Lessee to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Lessor. Any other repairs in or to the Building and the facilities and systems thereof for which Lessee is responsible shall be performed by Lessor at Lessee’s expense; but Lessor may, at its option, before commencing any insurance policies such work or at any time thereafter, require Lessee to furnish to Lessor such security (including, without limitation, a bond issued by a corporate surely licensed to do business in effect Louisiana) as Lessor shall deem necessary to assure the payment for such work by Lessee. Lessor shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to the Leased Property. The Lessee shall maintain at common areas and to do and perform such other acts as Lessor shall, in the use of its principal place of business judgment, determine to be advisable with a maintenance log with respect view to the Leased Propertyconvenience and use thereof by Lessees, which shall include the dates their officers, agents, employees and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseclients.

Maintenance. Notwithstanding anything to the contrary contained in the Lease, as of the date of this First Amendment, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit A attached hereto. The Lessee maintenance obligations allocated to Tenant pursuant to Exhibit A (the “Tenant Maintenance Obligations”) shall be performed by Tenant at its Tenant’s sole cost and expense expense. The Tenant Maintenance Obligations shall maintaininclude the procurement and maintenance of contracts, service in form and repair substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the Leased Property respective Tenant Maintenance Obligations. Notwithstanding anything to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationcontrary contained herein, the functions scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in the Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Premises, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13 of the Lease, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which it was designed, in accordance with Tenant is responsible as part of the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair Tenant Maintenance Obligations in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in reasonably acceptable to Landlord within the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers requirements of the Leased Property or which are otherwise established by such manufacturers Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to assume the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 15 days after receipt of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasenotice.

Maintenance. The (a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee shall make and perform all day-to-day maintenance and repairs at its sole cost and expense shall maintain, service the Property (including the Improvements). Such day-to-day maintenance and repair shall include by way of illustration and not limitation maintenance and repair of the Leased HVAC and mechanical systems of the Improvements, parking, driveways and walkways and landscaping, as well as performing necessary snow removal and garbage collection. Lessee shall make all such repairs to the Property to (including the Improvements) and shall keep it (i) the Property clean, neat, safe, sanitary, and in as good operating condition order, repair and as capable of operating at Design Capacity as when new in accordance with condition, including both the Plansinside and the outside, (ii) in such condition so as to have the capacity and functional ability to performany equipment, on a daily basis in commercial operation, the functions for which it was designedfacilities and fixtures owned by Lessor or Lessee therein, in accordance with the Plans, all cases ordinary wear and (iii) in such condition as the tear excepted. Any service contracts entered into by Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to Lessee’s maintenance obligations under this Section 8.2(a) shall be at Lessee’s sole cost. (b) Lessor and Lessee anticipate that the Leased Propertyitems identified on Schedule 8.2 (the “Lessee Capital Repair Items”) may need repair and/or replacement during the Base Term. The Lessee shall repair and maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include Lessee Capital Repair Items during the dates and details of all material maintenance and repairs performed on the Leased PropertyLease Term. In the event Lessee reasonably determines during the Lease Term that any Lessee Capital Repair Item has reached the end of its functional or economic life and is in need of being replaced rather than repaired or maintained, then the same shall be replaced, as set forth below: (i) If the replacement of a Lessee Capital Repair Item occurs during the Base Term of this Lease, then Lessee shall arrange for such work to be timely performed and at ▇▇▇▇▇▇’s sole cost and expense. (ii) If the replacement of a Lessee Capital Repair Item occurs after the Base Term of the Lease, then the same shall be a Lessor Capitol Repair Item and Lessor shall arrange for such work to be timely performed and at Lessor’s sole cost and expense, as a Capital Repair under Section 8.2(c) hereafter. Lessee shall complete the repairs and replacements of Lessee Capital Repair Items for which it is responsible as set out above at such times and in such manner as Lessee determines are reasonable and prudent under the circumstances and taking into consideration the impact or potential interference with ▇▇▇▇▇▇’s business, provided that Lessee shall cause such repairs and replacements to be done in a good and worker-like manner and in compliance with all Applicable Laws (subject to Lessee’s right to contest the applicability of any damage law or regulation). Lessee shall from time to or destruction time notify Lessor of the Leased Property, completion of Lessee Capital Repair Items that have been repaired or any part thereof, by fire or other casualty, unless this Lease replaced. (c) Lessor shall be terminated pursuant to Section 13, the Lessee shallresponsible, at its own expensecost, with reasonable promptness, repair, restore for any repair or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility replacement (of the Leased Property shall be at least equal whole or any major part) of any item of a capital nature a (“Capital Repair”) which is either not identified on Schedule 8.2 or which is the replacement of a Lessee Capital Repair Item after the Base Term, as set forth in Section 8.2(b) above, in either case the “Lessor Capital Repair Items”, including without limitation the roofs (except to the value extent included in any roof repairs identified on Schedule 8.2), foundations and utility footings of the Leased Property immediately prior Improvements. Lessee shall give Lessor written notice of any Lessor Capital Repair Item that Lessee has identified as needing repair or replacement (whether expected or unexpected), and Lessor shall promptly commence the repair or replacement thereof. Lessee shall allow Lessor and its representatives and agents reasonable access (subject to the occurrence limitations with respect to access by an Inspecting Party set forth in Section 15.1) to the Property to enable Lessor to evaluate the need for the repair or replacement identified by ▇▇▇▇▇▇. If Lessor does not agree that any such Lessor Capital Repair Item is in need of repair or replacement or that such casualty assuming that item is not a Capital Repair, then Lessor shall so notify Lessee in writing within ten (10) days of Lessor’s receipt of Lessee’s notice, including the Leased Property was then reasons therefor. If Lessee and Lessor cannot reach agreement as to the repair or replacement of the Lessor Capital Repair Item in question or as to the condition required to be maintained by nature of the terms of this Lease.repair (i.

Maintenance. The Lessee Lessee, at its Lessee's sole cost and expense expense, shall maintainkeep and maintain the entire Leased Premises and all Improvements at any time situated thereon, service and repair every part and component thereof, interior and exterior, structural and nonstructural, ordinary as well as extraordinary, including without limitation roofs, exteriors, interiors, plumbing, electrical, heating, air conditioning and ventilation, structural elements, grounds, landscaping and parking facilities, in first class condition, and Lessee shall not do or suffer any waste, damage, disfigurement or injury to the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationPremises, the functions for which it was designedImprovements or any portion thereof. Further, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to shall at all times maintain the Leased Property Premises in a safe, neat and orderly manner, free from trash, debris and other unsafe, unsightly or unsanitary matters or conditions. Upon termination of this Lease for any reason, Lessee shall surrender to the Lessor the Leased Premises and the Improvements in good repair condition, appearance and repair, reasonable wear and tear excepted. Notwithstanding the foregoing, however, if requested by the Lessor in writing within six (6) months after termination of this Lease for any reason, Lessee shall demolish and remove the Improvements and all trash and debris, grade the Leased Premises and deliver the Leased Premises to the Lessor in a manner consistent with prudent industry practice neat, clean, graded, level and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofsafe condition. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of Lessee’s obligations under this Section 8(a) and so that shall survive the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms termination of this Lease.. DRAFT

Maintenance. a. The Lessor shall keep and maintain the foundation, outer walls, roof and buried conduits of the premises in good repair, except that the Lessee shall make any such repairs occasioned by the negligence of Lessee, its agent, express or implied invitees, or employees. b. The Lessee, at its sole cost expense, shall keep and expense shall maintainmaintain the demised premises, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance now or hereafter constituted with the Plansall improvements made thereto, including glass, (ii) in such condition so as to have the capacity reasonable wear and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Planstear excepted), and (iii) in such condition as the Lessee wouldshall make all repairs, in the prudent management of its own propertiesreplacements and renewals, maintainwhether ordinary or extraordinary, service and repair similar property owned by the Lessee and in any eventseen or unforeseen, including all structural repairs to the extent required interior necessary to maintain the Leased Property demised premies. c. Lessee shall be responsible for the operation, upkeep, repair and replacement of the air-conditioning and heating system and plumbing, except where the repair or replacements are covered under a warranty running in good favor of the Lessor. d. If Lessee fails to repair in a manner consistent with prudent industry practice property as required hereunder to the reasonable satisfaction of Lessor as soon as it is reasonably possible, after written request, Lessor shall hereby have the right to enter the leased premises as is necessary to effect repairs and in compliance in all material respects with all Applicable Lawsto make such repairs at Lessee's expense, rules and regulationswithout liability for any loss or damage that may accrue to Lessee's merchandise, noncompliance with which might result in the imposition of a penalty on any Indemnified Party fixtures or materially adversely affect the Leased Property other property or the operation to Lessee's business by reason thereof. The Upon completion of such repairs, Lessee shall comply with pay as additional rent Lessor's costs for making such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers repairs within ten (10) days of presentation of the Leased Property or which are otherwise established ▇▇▇▇ therefor by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased PropertyLessor, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction be conclusive evidence of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion amount of such repair, restoration or rebuilding the Leased Property costs. Lessee's failure to make such repayment shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by constitute a default under the terms of this Lease. Nothing herein shall imply any duty upon the part of the Lessor to do any such work and performance of such work by the Lessor shall not constitute a waiver of the Lessee's failure to have performed such work. e. Lessee shall indemnify and hold Lessor harmless from and against any an all costs, expenses, claims losses, damages, fines or penalties, including reasonable attorney's fees, because of or due to Lessee's failure to comply with any of the provisions of this Lease, including Lessee's duty to repair. Lessee shall not call upon Lessor for any disbursement or outlay of money whatsoever in connection with such repairs and hereby expressly releases and discharges Lessor of an from any liability or responsibility whatsoever in connection therewith, including any repairs made by Lessor pursuant to the terms of Subsection (d) above.

Maintenance. The Lessee Tenant, at its sole cost cost, shall keep in first class order, condition and expense repair, maintain the Premises and every part thereof, interior and exterior, roof, and all adjacent sidewalks, landscaping, driveways, parking lots and signs located within or adjacent to the Premises and shall maintain, service and repair the Leased Property make all replacements necessary to keep it the Premises in such condition. All repairs and replacements shall be of a quality equal to or exceeding that of the original. Tenant shall do all acts necessary to comply with all Applicable Laws. Landlord shall not have any responsibility to maintain the Premises, provided that Landlord shall remain responsible for the repair of (i) in as good operating condition the structure and as capable foundation of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any eventBuilding, to the extent required such damage was not caused by Tenant, its employees, agents, contractors, or invitees, and (ii) any latent defects to the Building, to the extent constructed by Landlord, its agents, employees or contractors. Tenant waives the provisions of Civil Code Sections 1941 and 1942, and any amendment or successor statutes thereto, with respect to Landlord's obligations for tenantability of the Premises and Tenant's right to make repairs and deduct the expenses of such repairs from rent. Should Tenant fail to make these repairs and replacements or otherwise to maintain the Leased Property Premises for a period of thirty (30) days after written demand by Landlord, or should Tenant commence or fail to complete, any repainting, repairs or replacements within a reasonable time after written demand by Landlord, Landlord may make the same without liability to Tenant for any loss or damage that may occur to Tenant's business, except any resulting from the gross negligent or intentional acts or omissions of Landlord, and Tenant shall pay to Landlord the costs incurred by Landlord in good repair making such repairs or replacements together with interest thereon at the maximum rate permitted by law from the date of commencement of the work until repaid. Tenant shall contract with a service company licensed and experienced in a manner consistent with prudent industry practice servicing HVAC equipment and in compliance in all material respects with all Applicable Lawsapproved by Landlord for regular maintenance and replacement, rules and regulationsif required by Landlord, noncompliance with which might result in of the imposition of a penalty on any Indemnified Party or materially adversely affect HVAC equipment serving the Leased Property or the operation thereofPremises. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers cost of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures contract and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and required replacements or repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required paid by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseTenant.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair ‌ Subject to the Leased Property to keep it (i) in as good operating condition and as capable other provisions of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationthis Section 3, the functions for which it was designedPOA shall at all times maintain in good repair and manage, in accordance with the Plansoperate and insure, and (iii) in such condition shall replace as the Lessee wouldoften as necessary, in the prudent management Maintenance Areas including, without limitation, rights of its own propertiesway, maintainroads, service streets or access easements not constituting part of a Lot; utility easements/tracts or facilities not maintained by a public utility provider; and repair similar property owned by the Lessee and in conservation or preservation easements/areas, if any eventand, to the extent required not otherwise provided for, the drainage structures, landscaping, improvements and other structures situated on the Maintenance Areas, if any, all such work to maintain be done as ordered by the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition Board of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers Directors of the Leased Property or which are otherwise established by such manufacturers POA. Without limiting the generality of the foregoing, the POA shall assume all of Declarant's and suppliers as recommended operating procedures its affiliates' responsibility to the County, the SFWMD, and all other state and local governmental entities of any standards imposed by any insurance policies in effect kind with respect to the Leased PropertyMaintenance Areas and shall indemnify and hold the Declarant and its affiliates harmless with respect thereto. The In any instance in which a Ground Lease obligates a Ground Lessee shall maintain at its principal place of business a maintenance log to perform, with respect to the applicable Ground-Leased PropertyPremises, which any maintenance function assigned to the POA herein, such Ground Lessee shall include have the dates right and details obligation hereunder to perform such function (solely as it relates to the applicable Ground-Leased Premises) unless and except to the extent the POA notifies the applicable Owner and Ground Lessee in writing that the POA intends to perform such function with regard to the applicable Ground-Leased Premises. To the extent a Maintenance Area consists of an easement over, under or through a Lot, the POA's responsibility for the maintenance thereof shall be limited to maintaining the functionality of the easement for its intended purpose (e.g., drainage as part of the SWMS to the extent the Owner of the Lot fails to do so) and not the lands subject to the easement (e.g., landscaping or pavement), except to the extent damaged or altered by the POA's activities thereon. The Owner of the majority of The Properties or the POA, as determined by mutual agreement of such Owner and the POA, shall provide sufficient full time maintenance personnel to ensure the maintenance of the Surface Water Management System as provided in, and required by, this Declaration and all material applicable permits and approvals affecting The Properties. An obligation of the POA’s perpetual operation and maintenance will be to cause for resources and repairs performed on forces to be available that have dedicated full time maintenance staff in order to monitor and cause for the Leased Propertymaintenance of the underground exfiltration systems that are part of the Surface Water Management System. In All work pursuant to this Section and all expenses incurred or allocated to the event POA pursuant to this Declaration shall be paid for by the POA through assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for assessments by non-use (whether voluntary or involuntary) of any damage to Maintenance Areas or destruction abandonment of the Leased Property, or right to use any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseMaintenance Areas.

Maintenance. The Lessee at its sole cost and expense Landlord shall maintain, service be responsible for maintenance and repair of the following items in, on or about the Leased Property Premises, if such maintenance or repair is required due to keep it (i) in as good operating condition normal wear and as capable tear: structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances and glass. However, Tenant shall be responsible for all costs associated with maintenance or repair of operating at Design Capacity as when new in accordance with the Plansforegoing items if Tenant or any person within Tenant’s control knowingly, (ii) in intentionally, deliberately, recklessly or negligently destroys, defaces, damages or impairs such condition so as items, including, without limitation, causing the plumbing system to have become clogged or backed up other than by reason of ordinary wear and tear of the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to plumbing system. Tenant shall maintain the Leased Property in good repair Premises in a manner consistent with prudent industry practice clean, safe, and in compliance in all material respects with all sanitary manner, keeping the entire Leased Premises free from trash, rubbish, abandoned vehicles and the like. Tenant shall also be responsible for the following Leased Premises Maintenance, as designated: Tenant is Responsible Landlord is Responsible Not Applicable LawsMaintain the yard, rules keeping weeds pulled, leaves, raked, trees and regulationsshrubs trimmed and grass mowed to the satisfaction of Landlord. Keep the grass, noncompliance with which might result in shrubs, trees and flowers watered to the imposition satisfaction of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofLandlord. The Lessee shall comply with such repair Leased Premises Does Does Not have an automatic sprinkler system. Maintain the sidewalks, driveway and maintenance standards parking area free and schedules as are required to enforce warranty claims against the manufacturers clear from snow and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Propertyice. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. Other: In the event that Tenant fails to perform the duties as required above, Landlord and Landlord’s agents and employees shall have the right, but shall not be obligated, to enter the Leased Premises and perform such maintenance, and Tenant agrees to and shall bear the expense of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease such maintenance. The expense so incurred shall be terminated pursuant considered to Section 13, be additional rent for the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property leased Premises and shall be in immediately due from Tenant at the condition required by the provisions option of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseLandlord.

Maintenance. The Lessee (a) Landlord’s Responsibilities. Landlord shall maintain in good order, condition, and state of repair all exterior and structural portions (including, but not limited to, the roof, exterior walls, interior load bearing walls, floors and foundation) and all mechanical systems (plumbing, heating and ventilation, air conditioning and electrical) at its sole cost and expense shall maintain, service and repair the Property (including the Leased Premises), and all parking areas, drives, sidewalks and landscaping. Landlord will be responsible for snow removal. Tenant shall reimburse Landlord for its pro rata share ( %) [TO BE DETERMINED UPON FINAL SQUARE FOOTAGE FIGURE SET FORTH IN SECTION 1] of such reasonable sums (the “Operating Expenses”) which Landlord expends (and which are not reimbursed by Landlord’s insurer or other third party) in effecting its repairs and maintenance hereunder, provided, however, the cost of any item which, by standard accounting practice, should be capitalized, will not be included in Operating Expenses. Notwithstanding the foregoing, in lieu of capital expenses for repairs or replacements to the Property (including without limitation any upgrades for the purpose of reducing Operating Expenses or for the purpose of complying with applicable laws, codes and regulations), there shall be included within Operating Expenses for each calendar year, from and after the expenditure in question, the annual amortization of such expenditure over the useful life of the item(s) in question, as reasonably determined by Landlord and including an interest factor equal to keep it the Prime Rate of interest as published from time to time in The Wall Street Journal plus two percent (2%). Notwithstanding the foregoing, the term “Operating Expenses” shall not include expenses of constructing tenant improvements for any tenant in the Property. (i) Tenant’s pro rata share of Operating Expenses shall be paid by Tenant in as good operating condition and as capable of operating at Design Capacity as when new equal monthly installments in accordance advance along with the Planspayments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total Operating Expenses due for the current calendar year. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the final statement for the Operating Expenses for the previous calendar year, Landlord will notify Tenant of the amount of Operating Expenses on which Tenant’s pro rata share is based, and the amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given year or partial year are greater than Tenant’s share of the Operating Expenses payable for a given year or partial year, Tenant shall receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (in the event of a credit to the Tenant upon termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference. (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationIn determining Operating Expenses for any year, the functions following adjustments shall be made: (a) if less than ninety-five percent (95%) of the Property rentable area shall have been occupied by tenants at any time during such year, Operating Expenses shall be deemed for such year to be an amount equal to the like expenses which it was designedLandlord reasonably determines would normally be incurred had such occupancy been ninety-five percent (95%) throughout such year (subject, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any eventhowever, to the extent required to maintain the Leased Property understanding that in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might no event shall such determination by Landlord result in Tenant’s pro rata share of such Operating Expenses exceeding the imposition actual cost to Landlord of a penalty on providing the services which were included in Operating Expenses for the period in question); (b) if any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers tenant of the Leased Property or which are otherwise established by supplies itself with a service at any time during such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect year that Landlord would ordinarily supply without separately charging therefor, then Operating Expenses shall be deemed to include the cost that Landlord would have incurred had Landlord supplied such service to such tenant (subject, however, to the Leased Property. The Lessee understanding that in no event shall maintain at its principal place such determination by Landlord result in Tenant’s pro rata share of business such Operating Expenses exceeding the actual cost to Landlord of providing the services which were included in Operating Expenses for the period in question); (c) if any Operating Expenses incurred for the Property consist of shared costs and expenses with one or more other buildings or properties, whether pursuant to a maintenance log with respect to the Leased Propertyreciprocal easement agreement, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Propertycost sharing agreement, common area agreement, or any part thereofotherwise, by fire or other casualty, unless this Lease the shared costs and expenses shall be terminated pursuant to Section 13, equitably allocated by Landlord between the Lessee shall, at its own expense, with reasonable promptness, repair, restore Property and such other buildings or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseproperties.

Maintenance. The A. During the Term of this Lease, Lessee at Lessee's expense: 1. Shall maintain and keep the Helicopter, its sole cost engines, components, appliances, accessories, instruments and expense shall maintain, service equipment in good order and repair in strict compliance with FAA requirements (and without limitation of the Leased Property foregoing), cause to keep it be performed on all parts of the Helicopter and its engines all mandatory Airworthiness Directive (i"AD's"), Special Federal Aviation Regulations ("SFAR's") and all manufacturer's service bulletins the compliance date of which shall fall during the Term of this Lease, and also in as good operating condition accordance with all manufacturer's manuals or Lessee's FAA approved maintenance programs. 2. Shall replace the Helicopter components, appliances, accessories, instruments and as capable of operating at Design Capacity as when new equipment, any and all engines, parts, applicants, instruments, or accessories which may become defective, lost, destroyed or otherwise rendered unfit for use during the lease period in accordance with the Plansterms and conditions of this Lease. 3. Shall perform all overhauls, (ii) in such condition so as checks, inspections and maintenance service to have all parts of the capacity helicopter and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent engines required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be keep them in the condition required by under this Lease. 4. May make such modifications, changes or alterations to the provisions Helicopter or its engines as Lessee may determine and as Lessor shall first approve in writing. Lessor shall respond within five days and will not unreasonably withhold such approval. Lessor shall bear no liability for the cost of this Section 8(a) and so that any such modification, change or alteration to the value and utility Helicopter or its engines whether in the event of grounding or suspension of certification or for any other cause. At the end of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms Term of this Lease, at Lessor's option, Lessee shall (i) at its cost remove any equipment or alterations that it installed and return the Helicopter as was received, except that the New Interior will be maintained in the Helicopter or (ii) sell such alterations or equipment (provided that Lessor shall not be obligated to pay any amount for the New Interior) to Lessor at Lessee's cost less depreciation calculated monthly over an assumed five year depreciable life. It is understood that Lessor may exercise the option referred to in the preceding sentence with respect to one or more of the pieces of equipment or alterations installed by Lessee. 5. Shall be responsible for all required inspections of the Helicopter and its engines and licensing or re-licensing the Helicopter in accordance with all applicable FAA and other applicable governmental requirements. Lessee shall at all times cause the Helicopter to have on board a current U.S. Certificate of Airworthiness issued by the FAA. 6. All inspections, maintenance, modifications, repairs and overhauls of the Helicopter or its engines, components, appliances, accessories, instruments or equipment shall be performed by personnel authorized to perform such services by the FAA. 7. Shall at all times have the Helicopter's engines and transmission on a "Power By the Hour" program, which is approved by Lessor. Lessee shall use its best efforts to have the "Power By The Hour" agreement assigned at the end of the Term. 8. Shall inspect and clean the Helicopter on a regular basis.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallLessee, at its own expense, shall at all times, (i) maintain the Property in a good state of condition, and in a manner consistent with-the standards of operation and maintenance employed at facilities similar to the Property and owned or operated by Lessee, normal wear and tear and damage by casualty and condemnation excepted, (ii) maintain the Property in accordance with reasonable promptness, repair, restore or rebuild the requirements of all insurance policies relating to the Property required to be maintained hereunder and in compliance with Applicable Laws and (iii) make repairs and Alterations of the Property necessary to keep the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(apreceding clauses (i) and so (ii), whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen and regardless of whether such expenditures would constitute expenses under GAAP if made by the owner of the Property; provided, if such repairs are structural and pursuant to Section 8.3 require the consent of the Lessor (because they materially reduce the value of the Property), Lessee shall obtain such consent before performing such repairs. At least once annually Lessee shall deliver to Lessor Lessee's scheduled maintenance program for the following twelve (12) month period. If normally done as a part of preparing such schedule, Lessee shall include expected timing of the proposed repair or maintenance item, and the estimated cost thereof. Lessor acknowledges that Lessee is not bound by such schedule, which is submitted for informational purposes only and the information contained therein shall not create any presumption against Lessee whatsoever that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition work described therein is required to be maintained by satisfy the terms maintenance requirements of this Lease. Lessee shall not be bound to perform all of the work set forth on the schedule, it being understood that delivery of the schedule neither expands nor reduces Lessee's maintenance obligations under this Lease. During the Term of this Lease, Lessee shall have the exclusive right to select the property manager (the "Property Manager") for the Property, including, without limitation, the portion of the Building leased by AMP pursuant to the AMP Lease.

Maintenance. (a) The Lessee Allottee(s) ▇▇▇▇▇▇ agrees and undertakes that he/she/they/it will enter into a Separate Tripartite Maintenance Agreement with the Company and the Maintenance Agency appointed by the Company. (b) The Allottee(s) further agrees and undertakes to pay the indicative and approximate maintenance charges as may be levied by the Maintenance Agency for the upkeep and maintenance of the Complex, its common areas, utilities, equipment installed in the Building and such other facilities forming part of the Complex. It is however agreed between the parties that the maintenance charges shall be calculated on a cost plus 20% basis. Such charges payable by the Allottee(s) will be subject to escalation of such costs, taxes and expenses as may be levied by the Maintenance Agency. The Company reserves the right to change, modify and amend the Tripartite Maintenance Agreement at its sole cost and expense shall maintain, service and repair discretion from time to time. (c) In addition to the Leased Property payment of the Maintenance Charges to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with be paid by the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationAllottee(s), the functions Allottee(s) agrees and undertakes to pay in advance Interest Free Maintenance Security ('IFMS') as applicable. The IFMS shall also be utilized for which it was designedreplacement, in accordance with refurbishing, external façade of the Plansbuilding, and (iii) in such condition as the Lessee wouldmajor repairs of plants, machinery, etc. installed in the prudent management said complex or towards defrayment of its own properties, maintain, service and repair similar property owned expenses necessitated by any unforeseen occurrence involving expenditure in relation to the complex or any capital expenditure to be incurred in the complex. (d) The Allottee(s) further undertakes to abide by the Lessee terms and conditions of the Maintenance Agreement and to pay promptly all such demands, bills and charges as may be raised by the Maintenance Agency from time to time. (e) The Allottee(s) agrees that any violation of the terms of the Maintenance Agreement shall automatically be construed as an event of default under the terms of this Agreement. The Allottee(s) hereby conveys his/her/their/its no objection in any event, respect of the said Maintenance Agency nominated by the Company for performing such services. (f) The Allottee(s) agrees that the Company or its nominated Maintenance Agency shall carry out the maintenance of common services and facilities pertaining to the extent required said Complex from the issue of final notice of possession to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofAllottee(s). The Lessee shall comply with such repair and maintenance standards and schedules as are required Allottee(s) agrees to enforce warranty claims against permit the manufacturers and suppliers of Company or its nominated Maintenance Agency to enter into the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, said Apartment or any part thereof, by fire or other casualtyafter due notice in writing and during the normal working hours, unless the circumstances warrant otherwise, with a view to carry out the maintenance of common services and facilities and to set right any defect in the said Apartment or any defects in the said Apartment above or below the said Apartment. Any refusal of the Allottee(s) to give such right to entry will be deemed to be a violation of this Lease Agreement and the Company shall be terminated pursuant entitled to Section 13take such actions as it may deem fit. The Allottee(s) shall pay necessary charges for maintenance of common services and facilities as determined from time to time. It is clarified that the scope of maintenance and upkeep of various common services within the Building/Complex and outside has been described in detail in the Maintenance Agreement. It is understood by the Allottee(s) that the maintenance and insurance of individual Apartment shall always remain the responsibility of the Allottee(s). (g) The Allottee(s) undertakes to pay the maintenance bills as raised by the Company or its nominated Maintenance Agency from the date of notice for possession on pro-rata basis irrespective of whether the Allottee(s) is/are in actual possession of the said Apartment or not. In order to secure due performance by the Allottee(s) in payment of the maintenance bills and other charges raised by the Maintenance Agency, the Lessee shallAllottee(s) agrees to deposit, at its own expenseas per the Schedule of Payments given in Annexure V of this Agreement and to always keep deposited with the Company an Interest Free Maintenance Security, with reasonable promptnessas applicable. In the event Allottee(s) fails and/or neglects to pay the maintenance bill, repairother charges on or before the due date, restore or rebuild the Allottee(s), then in such an event shall not be entitled to receive the services being rendered by the Maintenance Agency and in addition thereto the Company shall also have the right to adjust unpaid amount against maintenance bills out of the security deposit. The Company shall handover the corpus so collected, after settlement of accounts/expenses as mentioned in clause 22(c) and adjustment of outstanding amounts, if any, to the society as and when the same so that upon the completion of such repair, restoration or rebuilding the Leased Property is formed. (h) The actual maintenance charges shall be informed at the time of giving possession of the said Apartment when the Maintenance Agreement would compulsorily be executed by and between the Allottee(s) and the Maintenance Agency in the condition required standard agreed format as provided by the provisions of this Section 8(aCompany and/or Maintenance Agency. It is further agreed and acknowledged by the Allottee(s) and so that the value and utility maintenance charges shall be payable as per the bills of the Leased Property Maintenance Agency. (i) The scope of maintenance and general upkeep of various common services within the Tower/Complex shall broadly include but not be at least equal limited to operation and maintenance of generators including diesel, firefighting system, garbage disposal and upkeep of common areas, water supply, sewerage system, common area lighting. The service outside the value said Apartment but within the Complex shall include maintenance of internal roads, pathways, boundary walls/fencing, horticulture, drainage system, street lighting, water supply, general watch, security and utility of such other services within the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseComplex.

Maintenance. The Lessee 9.1 Tenant shall, at its sole cost and expense shall maintainexpense, service at all times during the term of this Lease, maintain the Premises and every part thereof in good, clean working order, condition and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plansincluding, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationwithout limitation, the functions for which it was designedstructural portions of the building and improvements thereon, in accordance with the Plansinterior and exterior thereof, foundations, roofs, plate glass, wiring, plumbing, heat and (iii) in such condition as air conditioning units, mechanical systems, parking and service areas, landscaping, the Lessee wouldapproaches thereto and appurtenances thereof, in the prudent management of its own properties, maintain, service including all adjacent sidewalks and repair similar property owned by the Lessee and in any event, to the extent required alleys. Tenant's obligation to maintain the Leased Property in good repair in a manner consistent with prudent industry practice Premises shall specifically include, without limitation, the obligation to make any and in compliance in all material respects with repairs and to repaint and/or restain all Applicable Laws, rules painted and regulations, noncompliance with which might result in wood surfaces and restripe the imposition of a penalty on parking areas as required. Landlord shall not have any Indemnified Party or materially adversely affect responsibility to maintain the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, Premises or any part thereofthereof including, by fire without limitation, any structural or other casualtymechanical maintenance, unless this repair or replacement. Tenant waives all rights under any laws which may provide for Tenant's right to make repairs and deduct the expenses of such repairs from rent or to withhold rent or terminate the Lease shall be terminated pursuant to Section 13, based upon the Lessee condition of the Premises. 9.2 Tenant shall, at its own sole cost and expense, with reasonable promptness, repair, restore or rebuild at all times during the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions term of this Section 8(a) Lease, keep and so that maintain all the value Personal Property including furniture, fixtures and utility equipment, in good working order, condition and repair. Tenant shall have the right to install on the Premises any and all equipment and fixtures which Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the Leased Premises as permitted herein, without the consent of Landlord. All such property so installed by Tenant shall remain Tenant's property (other than replacements for Personal Property as provided below) and, provided Tenant is not in default hereunder, may be removed by Tenant as provided in this Lease. Except as provided below, Tenant shall be at least not remove the Personal Property and/or replacements thereof or any part thereof from the Premises, without the prior written consent of Landlord. Tenant shall purchase and replace with substitutes of equal to the value and utility or higher quality any worn out or broken items of the Leased Personal Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained on the Premises for continued licensing and/or certification as the same may occur from time to time throughout the term of this Lease at Tenant's sole cost and expense. Items being replaced by Tenant may be removed without Landlord's prior consent and shall become the terms property of Tenant, and items replacing same shall be and remain the property of Landlord subject to removal only with consent until in turn replaced. Tenant agrees, upon written request from Landlord, to execute any and all documents necessary to assist Landlord to fully evidence Landlord's ownership of the Personal Property. 9.3 Tenant shall, throughout the term of this Lease, make all repairs, alterations, replacements and additions to the Facility required by law and/or as necessary to obtain and maintain licensing and certification as the Licensed Facility.

Maintenance. The Lessee Tenant shall at all times during the Term at its sole own cost and expense shall maintainkeep or cause to be kept, service the Premises well maintained, clean and repair the Leased Property to keep it (i) in as tidy, properly painted and decorated and otherwise presentable and of good operating condition and as capable of operating at Design Capacity as when new appearance in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationall requirements of this Lease, the functions for which it was designedreasonable requirements of the Landlord's insurers and governmental authorities having jurisdiction and renew and replace fixtures, furnishings and chattels as may be reasonably necessary in accordance each case so that the Premises will be of quality consistent with its with its condition on the Plans, Commencement Date. Tenant shall keep the Premises and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service sidewalks and repair similar property owned by the Lessee and in any event, other areas adjacent to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice Premises free and in compliance clear of refuse and other obstructions and shall comply in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in any laws governing the imposition of a penalty on any Indemnified Party condition or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers cleanliness of the Leased Property Premises. Tenant shall replace any plate glass or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect other glass that has been broken, damaged or removed during the Term, except to the Leased Propertyextent such damage is caused through the act or omissions of Landlord or Landlord's agents and contractors. The Lessee Tenant shall maintain be responsible at its principal place of business a maintenance log with respect to sole expense for properly operating, lighting, cleaning and maintaining, line painting, landscaping, supervising, the Leased Propertyentrance areas, which shall include driveways, ashphalted areas, walkways, lawns and other areas contained within the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction limits of the Leased PropertyPremises. If Tenant shall fail to perform its obligations hereunder, or any part for a period continuing for fifteen (15) days after written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligations and claim from Tenant the costs incurred in respect thereof plus an administrative fee of five percent (5%) thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseas additional Rent.

Maintenance. The Lessee shall at its sole own cost and expense keep and maintain all portions of the Premises under this Amended Lease except as outlined in this section. Lessor shall maintainmaintain lawn areas outside the school area, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plansroof, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansoutside walls, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service shared Boys and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the Girls bathrooms. Lessor shall be responsible for proper operation thereof. The Lessee shall comply with such repair and maintenance standards of electrical systems, plumbing systems, and schedules as are required to enforce warranty claims against the manufacturers heating, ventilation, and suppliers of air- conditioning (HVAC) systems throughout the Leased Property or which are otherwise established by such manufacturers Premises. Lessor is also responsible for pest and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Propertyvermin control, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyincluding termites. In the event that repairs are a result of the Lessee’s negligence, Lessee shall be responsible to provide for the resulting repairs. In the event that repairs or extermination services are not provided on a timely basis, ▇▇▇▇▇▇ shall be entitled to procure the necessary repairs or services and deduct reasonable expenses from its rent obligation after making good faith efforts to communicate about the situation. Alterations and Liens: Lessee shall not make or permit any other person to make any alterations or changes of any damage kind to or destruction of the Leased Propertyexisting premises, or any part thereofimprovement thereon or facility appurtenant thereto without the prior written consent of Lessor. Lessee shall keep the premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on said premises at the instance of request of Lessee. Furthermore, any and all alterations, additions, improvements and fixtures, except furniture and educational materials of Navigator made or placed in or on said premises by fire Lessee or any other casualtyperson shall on expiration of termination of this Amended Lease become the property of Lessor and remain on said premises; provided, unless however, that Lessor shall have the option on expiration or sooner termination of this Lease shall be terminated pursuant Amended Lease, to Section 13, require the Lessee shallLessee, at its own Lessee's expense, with reasonable promptnessto remove any and all such alterations, repairadditions, restore improvements or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasefixtures.

Maintenance. The Lessee Tenant agrees to maintain the leased premises in as good condition as exists on delivery by Landlord, damage by fire and other casualty, and taking by eminent domain and reasonable wear and tear only excepted. Tenant acknowledges that the leased premises are now in good order and the glass whole, subject to completion of Landlord’s Work as defined in Exhibit B (provided that Landlord shall be responsible for repair or replacement of any external glass or windows, unless such replacement is due to the negligence or willful misconduct of Tenant). The Tenant shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. In accordance with the provisions of Section 6B, above, the Landlord agrees to maintain the structure, roof, foundation, beams, load-bearing and exterior walls of the building of which the leased premises are a part, and all mechanical systems and equipment serving the leased premises and the common areas, including, but not limited to the plumbing, electrical, elevator, emergency, heating and air conditioning, fire and life safety systems of the Building, and access to telecommunications systems services to the Building (which are provided solely by third party providers (the “Systems”) in good working order and condition or as they may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty (subject to the provisions hereof), and reasonable wear and tear only excepted, provided that if such maintenance is required because of the actions or omissions of Tenant or those for whose conduct the Tenant is legally responsible, Landlord shall be entitled to indemnification from Tenant. Landlord, upon prior notice to Tenant, shall have a right to enter the leased premises to make repairs to the Building and its systems if needed so long as said entry and repairs are done in a manner that is as minimally disruptive to Tenant’s operation at its sole cost the Premises as is possible, and, in the case of an emergency, immediately and expense without prior notice Tenant. Upon prior notice to Tenant, Landlord shall maintainhave the right to enter the premises to make repairs and to service pipes, service conduits, wires in the Building or which affect such pipes, conduits, and repair wires in the Leased Property to keep it space of other tenants which may only be accessed through the premises. Landlord shall also provide: (i) cleaning and janitorial services to the leased premises (Monday-Friday, holidays excluded), provided the same are kept in as good operating condition and as capable of operating at Design Capacity as when new order by Tenant, all in accordance with the Plans, cleaning standards set forth in Exhibit C attached hereto; and (ii) in such condition so as to have the capacity snow and functional ability to performice removal services, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, including plowing all sidewalks and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, areas adjacent to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice Building and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules Lot as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseneeded.

Maintenance. The Lessee (a) Subject to the provisions of Section 18, Tenant shall, at Tenant's sole cost and expense, during the entire Term, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, all plumbing, sewage, fixtures, interior walls, storefront(s), showcases, skylights, all electrical facilities and equipment, lighting fixtures, lamp▇▇▇, ▇▇ns and electrical motors, all other appliances and equipment of every kind and nature, sprinkler equipment (if any), and any other mechanical systems in the Premises. Tenant's obligations shall include, but shall not be limited to, the obligation to replace when necessary any of the items required to be maintained by Tenant at its sole cost and expense expense. Such replacement items shall maintainbe of comparable quality to those that they are replacing. If Tenant fails to perform Tenant's obligations under this Section 11, service Landlord may, at Landlord's option enter upon the Premises and put the same in good order, condition and repair and make such replacements as may be necessary, and the Leased Property cost thereof shall become due and payable as additional rent by Tenant to keep it Landlord upon demand, but nothing in this sentence contained shall be deemed to impose a duty upon Landlord or affect in any manner the obligations placed upon Tenant by this Section 11. Any such entry by Landlord shall not be deemed to be an eviction of Tenant. (ib) Tenant shall provide for (at Tenant's cost and expense as hereinafter set forth) the maintenance, repair and replacement of the heating, ventilating and air conditioning equipment (HVAC) in the Premises. (c) Tenant shall furnish (at Tenant's costs and expense as good operating condition hereinafter set forth) trash and as capable garbage receptacles and the removal of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity trash and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leasegarbage from said receptacles.

Maintenance. The Lessee A. Subject to Tenant’s obligations under Section 8.B below, Landlord, at its sole cost and expense shall maintain, service (except and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required that any cost or expense is a permitted Operating Expense hereunder) shall make any and all repairs, maintenance and replacements to maintain the Leased Property base Building, including the Building roof and Building structure (e.g., the Building’s slab and load-bearing columns and walls) and the Building’s mechanical, electrical, plumbing, HVAC and fire and life safety systems, and to the common areas of the Building and the Garage, and shall keep the base Building and the common areas of the Building, including the fitness facility and conference center, clean, neat and in good order, repair in a manner consistent with prudent industry practice and condition and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect Notwithstanding anything herein to the Leased Property. The Lessee contrary, Landlord shall maintain at not be responsible for any repair or maintenance which is caused in whole or in part by the act or omission of Tenant or its principal place of business a maintenance log with respect to the Leased Propertyagents, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertycontractors, employees, or guests. In the event of such repair or maintenance caused by the act or omission of Tenant, Tenant shall pay for such repair or maintenance upon demand from Landlord and shall indemnify, defend, protect and hold harmless Landlord against any and all loss, cost or liability in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense, which may be provided at common law or pursuant to any law, statute, or ordinance now or hereafter in effect. B. Subject to Landlord’s obligations under Section 8.A above, Tenant, at its sole cost and expense, shall make any and all repairs, maintenance and replacements to the Premises and the improvements, fixtures and systems therein, and shall keep the Premises clean, neat and in good order, repair and condition and in compliance with all Laws, provided that Tenant shall not be obligated to make any capital improvements relating to the Premises unless required due to Tenant’s use of the Premises for purposes other than typical office use. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, or destruction of equipment or fixtures in, the Leased Property, Building or any part thereof, by fire . At the expiration or other casualtytermination of the Term, unless this Lease shall be terminated pursuant to Section 13, the Lessee Tenant shall, at its own sole cost and expense, with reasonable promptnesssurrender the Premises broom clean and in good order and condition, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required ordinary wear and tear and damage by the provisions of this Section 8(a) elements, and so that the value fire and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such other casualty assuming that the Leased Property was then in the condition not required to be maintained insured by Tenant excepted, and with removal of items as required by Section 11. To the terms extent that Tenant’s use or uses of this Leasethe Premises or Alterations thereto (beyond typical office use) or Tenant’s manner of operation creates a need or requirement under applicable Laws (including, without limitation, the ADA) to modify or alter the Premises, supporting facilities, or access thereto, or the manner of operation, maintenance and repair thereof, Tenant shall be fully responsible for the costs to undertake such changes, and in addition, to fully comply with the requirements of Section 9 below.

Maintenance. The Lessee at its sole cost Tenant(s) shall properly use, operate and expense safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. Tenant(s) shall be responsible for checking and maintaining all carbon monoxide and smoke detectors and any additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant(s) shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant(s) shall be charged for all repairs or replacements caused by Tenant(s), pets, guests or licensees of Tenant(s), excluding ordinary wear and tear. Tenant(s) shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant(s) shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. A. ☐ Landlord ☐ Tenant(s) shall water the garden, landscaping, trees and shrubs, except: B. ☐ Landlord ☐ Tenant(s) shall maintain the garden, landscaping, trees and shrubs, except: C. ☐ Landlord ☐ Tenant(s) shall maintain: D. Tenant’s failure to maintain any item for which Tenant(s) is responsible shall give Landlord the right to hire someone to perform such maintenance and charge Tenant(s) to cover the cost of such maintenance. E. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, service and repair or replace them during Residents’ tenancy. However, these items must stay on the Leased Property premises in the working, or otherwise, condition in which they were at the time of Tenant(s) move in date. Removal or disposal of items is prohibited. Any such actions will warrant the Landlord to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so make an estimate as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansfair market value of said items, and (iiitheir cost for replacing will be deducted from Tenant(s) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.security deposit:

Maintenance. The Lessee Tenant shall, at its sole cost Tenant's expense, keep and expense shall maintain, service maintain the Wireless Facilities in commercially reasonable condition and repair during the Leased Property to keep it (i) in as good operating condition term of the SLA, reasonable wear and as capable of operating at Design Capacity as when new in accordance with tear and damage from elements excepted, and, upon termination, shall remove the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service Wireless Facilities and repair similar any damage caused by such removal. Landlord retains the right to inspect the property owned by and Wireless Facilities of Tenant upon giving reasonable notice to Tenant during the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers term of the Leased Property or which are otherwise established SLA and to enter the Premises (accompanied, at Tenant's option, by a representative of Tenant) for the purposes of such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyinspection. In the event of any damage that Landlord determines in good faith that Tenant has not maintained Tenant's property and the Wireless Facilities in good order and repair according to or destruction of industry standards, including applicable Law, Landlord shall so notify Tenant in writing, specifying the Leased Propertymaintenance and repairs required to be performed by Tenant. In the event that within thirty (30) days following such written notice Tenant shall not have performed such maintenance and repairs, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallLandlord may, at its own expensesole option, with make such repairs as it deems reasonably necessary and any actual, reasonable, out-of-pocket amounts expended by Landlord therefor shall be reimbursed to Landlord by Tenant within thirty (30) days of Landlord's demand therefor. Landlord shall not be liable for inconvenience, disturbance, loss of business or other damage to Tenant by reason of repairing the property and Wireless Facilities of Tenant which Tenant has failed to properly maintain. Landlord shall maintain and repair its Improvements on the Site, in commercially reasonable promptness, condition and repair, restore reasonable wear and tear and damage from the elements excepted. No work shall be done by Landlord (or rebuild any third party under Landlord's control) that could reasonably be expected to adversely impact the same so that upon the completion Wireless Facilities without prior verbal notification to Tenant, which notification shall be given sufficiently in advance of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal work for Tenant to the value and utility of the Leased Property immediately prior take all reasonable steps to the occurrence of protect its Wireless Facilities from any such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseadverse impact.

Maintenance. The Lessee at its shall have sole cost responsibility for maintenance of the Premises. All personal property, including buildings and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to performstructures, on a daily basis in commercial operationthe Premises, shall be at the functions for which it was designedrisk of Lessee. Lessee shall keep and maintain the Premises and all improvements thereon, in accordance with good and substantial repair and condition, including the Plansexterior thereof, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service shall make all necessary repairs and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofalterations thereto. The Lessee shall comply with such repair provide proper containers for trash and maintenance standards garbage and schedules as are required to enforce warranty claims against shall keep the manufacturers Premises free and suppliers clear of the Leased Property or which are otherwise established by such manufacturers rubbish, debris, litter and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyweeds. In the event of any damage that Lessor determines that ▇▇▇▇▇▇ has failed to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, comply with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseSection, Lessor may, but shall have no obligation to, take such action as is required by this Section, and charge Lessee the actual cost incurred to comply with this Section or a reasonable fee for the services. Snow removal on the Premises is the sole responsibility of Lessee. Snow removal may be performed by ▇▇▇▇▇▇ as a courtesy to Lessee on a fee or non-fee basis unless Lessee instructs Lessor in writing that ▇▇▇▇▇▇ does not desire to have Lessor remove snow. Lessor may cease to provide snow removal to Lessee or snow removal may not be provided on a particular occasion at Lessor’s sole discretion. Lessee shall not permit parking on the Premises unless the parking areas have been excavated to the proper subgrade and backfilled with an amount of gravel as specified by Lessor. Lessee shall keep the Premises in good maintenance and repair, and shall repair at Lessee’s sole cost and expense, all property, ground, runways, taxiways, and any and all property belonging to Lessor that is damaged or altered by Lessee in maintaining or operating on the Premises. Lessee shall also have sole responsibility for the maintenance of the access apron adjacent to the Premises, if any, that provides the Premises with access to airport taxiways. Lessee shall be liable for any claim, liability, loss, or damage arising by reason of the injury to or death of any person or persons or by reason of damage to any property, caused by the condition of the access apron, or the acts or omissions of Lessee, its agents, invitees, licensees, subtenants, assignees, occupants and users of the Premises or any person in or on the access apron with the express or implied consent of the Lessee. Lessee shall indemnify and hold the Lessor harmless from all such liability. In the event that ▇▇▇▇▇▇’s personal property is damaged by ▇▇▇▇▇▇’s equipment or personnel, ▇▇▇▇▇▇ agrees to reimburse Lessee reasonable repair or replacement costs for any such damages incurred.

Maintenance. (a) The Lessee at its sole cost and expense following facilities (but not limited to) shall maintain, service and repair be provided by the Leased Property Lessor as part of the Maintenance of the Building for which the sum defined in Section 6 (of the Lease Deed) as Maintenance Rent shall be charged to keep it the Lessee (i) in as good operating condition Twenty-Four hour Security Guards at all entry and as capable exit points from the Campus. These security Guards shall perform routine checks for all inward and outward movement of operating at Design Capacity as when new in accordance with the Plansmen, (ii) in such condition so as to have the capacity material and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofmachinery. The Lessee shall comply with such repair provide for Security at its expense at all entry and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers exit points of the Leased Property or which are otherwise established by such manufacturers Office Space. (ii) Housekeeping shall be carried out and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect limited to the Leased Propertycommon areas (Lobbies, Fire Escape Stairs, Internal Staircases, Parking, Roads, Pathways, Courtyard, fountains & landscape gardens). The Lessee shall carry out housekeeping inside the Office Space. (iii) General Pest and rodent Control measures shall be carried out in the common areas and around the Buildings. Lessee shall arrange for carrying out General Pest and rodent control activities inside the Office Space. (iv) Civil Maintenance of the structures, roads and pathways shall be carried out from time to time or as and when required to maintain them for regular use. Such maintenance shall normally include waterproofing, painting, plastering, flooring, plumbing etc. The Lessor shall not be responsible for any damages caused to structure by the Lessee. Such damages shall be rectified at its principal place the cost of business a maintenance log with respect Lessee to the Leased Property, which shall include the dates and details be included as Reimbursements. (v) Maintenance of all material maintenance the Equipment provided by the Lessor as part of facilities and repairs performed on amenities in the Leased PropertyRent. In the event of any damage to or destruction This includes preventive maintenance, routine maintenance, annual maintenance, spares etc. The Lessor will ensure minimum breakdown of the Leased Property, or any equipment and restore the services at the earliest. (vi) Regular maintenance in respect of electrical installations provided by the Lessor as part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be facilities and amenities in the condition required by the provisions Rent. The work generally includes replacement of this Section 8(a) electrical consumables, replacement of light fittings and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseconsumables etc. The Lessee is responsible for his demised premises.

Maintenance. The Lessee Landlord shall not be called upon and shall have no obligation to make any repairs, improvements or alterations whatsoever to the Premises except that during the term of this Lease, Landlord shall at its Landlord's sole cost and expense expense, repair and maintain the exterior walls (but not storefronts, glass, plate glass, doors), foundations, roof, roof membrane, load bearing walls and floor slabs in good structural repair; provided, however, that Landlord shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent not be required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on make any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required repairs to enforce warranty claims against the manufacturers and suppliers any part of the Leased Property or which are otherwise established Premises until written notice of the need for such repairs is given to Landlord by Tenant. If Landlord fails to prosecute such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on diligently and continuously until completion, Tenant may prosecute such maintenance and repairs itself and Landlord shall reimburse Tenant for the Leased Propertyreasonable cost of such repairs within seven (7) days of receiving written notice of the same. In the event of It is further provided that Landlord shall not be liable for or required to make any damage repairs, or perform any maintenance, to or destruction upon the Premises which are required by, related to or which arise out of negligence or willful misconduct of and by Tenant, its employees, agent, invitees, licensees or customers, in which event Tenant shall be solely responsible therefor; and if such repairs are undertaken by Landlord, it shall be solely at the Leased Propertyexpense of Tenant and Tenant shall pay said amounts within thirty (30) days of receipt of billing therefor, or any part thereof, by fire or other casualty, unless this Lease in the alternative shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be considered in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by default under the terms of this Lease. Except to the extent caused by the negligence or willful misconduct of Landlord, Landlord's employees, agents, contractors, invitees or licensees, Tenant shall repair, service, keep and maintain the remaining portions of the Premises in good condition and repair and shall replace all glass in the windows and doors broken during the Lease term. Tenant agrees to make repairs promptly as they may be needed at Tenant's expense. If Tenant fails to prosecute such maintenance and repairs diligently and continuously until completion, Landlord may prosecute such maintenance and repairs itself and Tenant shall reimburse Landlord for the reasonable cost of such repairs within seven (7) days of receiving written notice of the same.

Maintenance. The (a) Lessee at its sole cost and own expense shall at all times during the Term applicable to the Equipment inspect, maintain, service service, repair and repair overhaul the Leased Property Equipment so as to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plansgood physical condition, ordinary wear and tear excepted, (ii) in such condition so as to have the capacity compliance with applicable insurance policies and functional ability to performin a manner and frequency required by applicable manufacturers' warranties, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plansif any, and (iii) in such condition maintain the Equipment under a preventive maintenance program by qualified personnel (who may be employees of Lessee) who possess a working knowledge of the mechanical operation of the Equipment including electrical systems, motors, drives, controls, accessories, lubricants and all other items necessary to make the machine operate at the same rate of production as of the Lessee would, date of delivery under this Lease and in the prudent management of its own propertiessame manner and with the same care as used by Lessee with similar equipment owned or leased by Lessee, maintainand as such specifications may be adjusted by Modifications under this Lease, service subject to ordinary wear and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect tear (with respect to the Leased PropertyEquipment, the "Applicable Specifications"). The Equipment shall be, moreover, inspected, maintained, serviced, repaired, overhauled and preserved by Lessee in compliance with all material requirements of Applicable Laws, and Lessee will (at its expense) provide all maintenance and service and make all repairs necessary for such purpose. Lessor shall not be obliged in any way to maintain, alter, repair, rebuild, overhaul or replace the Equipment. (b) Lessee shall maintain in proper order all appropriate books, records, service manuals, operating manuals, blueprints, and title documents in connection with the Equipment and provide all such books, records and documents to Lessor at its principal place the date of business a maintenance log with respect return. Lessee shall maintain or cause to the Leased Propertybe maintained all records, which shall include the dates logs and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition materials required to be maintained in respect of the Equipment by Applicable Laws and upon written request promptly furnish or cause to be furnished to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor or the terms Owner Participant with any Governmental Authority because of this LeaseLessor's ownership or interest in the Equipment.

Maintenance. a. During the Term, except as provided below, Provider will be responsible for the condition, operation, repairs, replacements, maintenance and management of the Premises, including all Technical Infrastructure, except to the extent caused by Epsilon, any Epsilon Representative or the Equipment. All repairs shall be completed in a prompt and workmanlike manner. However, should Provider not make repairs in a prompt and workmanlike manner resulting in a material impact to Epsilon’s operations, Epsilon shall have the right to complete any necessary repair, without harming any other tenant in the Premises, and offset such actual costs of repair against Fees owed to Provider, provided that any such repairs shall be performed by a qualified contractor that is familiar with the architecture of the Premises and agrees to comply with the provisions of this Agreement related to Epsilon contractors. All such repairs shall be performed in a diligent, competent and workmanlike manner and in a manner which will not impair the proper functioning of the Data Hall or Premises or void any manufacturers or installation warranties of equipment in the Premises. The Lessee provision of all maintenance services performed pursuant to this subsection shall be provided at no charge to Epsilon. Provider shall maintain the Premises and Technical Infrastructure in efficient working order and in accordance with its written maintenance standards and the Customer Support Guide as developed from the outline attached as Exhibit E. Provider shall have sole responsibility, except in the case of Epsilon needing to make repairs as noted above, for negotiating, executing and administering all contracts related to the operation, maintenance and repair of the Premises and Technical Infrastructure. During the maintenance services of Provider as described above the Services may not comply with the specifications set forth in Exhibit B, provided that a plan shall be developed along with Epsilon, which addresses ways to minimize disruption to the services provided by Epsilon to its customers. b. Provider will clean and carry out normal maintenance in the Premises provided that Epsilon shall maintain the Equipment Space as provided below. Epsilon assumes full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Equipment including the building, maintenance and repair of the cages. Epsilon at its sole cost and expense shall maintainclean the Equipment Space, service and repair provided that Provider shall retain responsibility for sub-floor cleaning in the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the PlansEquipment Space, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Propertyperform annually. In the event of any damage Epsilon desires to or destruction of the Leased Property, or any part thereof, by fire use a janitorial service or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be similar contractor in the condition required Equipment Space, Epsilon shall use a vendor approved in writing by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of Provider, such casualty assuming that the Leased Property was then in the condition required approval not to be maintained by the terms of this Leaseunreasonably withheld.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) Tenant acknowledges that it has received the Demised Premises in as good operating condition condition, repair and as capable of operating appearance. Tenant agrees that, at Design Capacity as when new in accordance with the Plansits expense, (ii) in such condition so as to have the capacity it shall keep and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property Demised Premises, including any altered, rebuilt, additional or substituted buildings, roofs, structures and other improvements thereto, in good repair and appearance, except for ordinary wear and tear. Tenant shall also make promptly, all foreseen and unforeseen, ordinary and extraordinary changes and repairs of every kind which may be required to be made to keep and maintain the Demised Premises in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Lawssuch good condition, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and appearance and it will keep the Demised Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants or conditions of any reciprocal easement or maintenance standards and schedules agreement to which it may at any time be a party or to which the Demised Premises are currently subject. Tenant shall, at its expense, use its best efforts to enforce compliance with any reciprocal easement or maintenance agreement benefitting the Demised Premises by any other person subject to such agreement except as are otherwise specifically set forth in this Lease. Except as provided below, Landlord shall not be required to enforce warranty claims against the manufacturers and suppliers maintain, repair or rebuild, or to make any alterations, replacements or renewals of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect nature to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyDemised Premises, or any part thereof, by fire whether ordinary or other casualtyextraordinary, unless this Lease shall foreseen or not foreseen to maintain the Demised Premises or any part thereof in any way. Tenant hereby expressly waives the right to make repairs at the expense of Landlord which may be terminated pursuant to Section 13, provided for in any law in effect at the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility time of the Leased Property shall be at least equal to the value and utility commencement of the Leased Property immediately prior to Term or which may thereafter be enacted. If Tenant shall abandon the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseDemised Premises, it shall give Landlord immediate notice thereof.

Maintenance. The Lessee at its sole cost Rail Company shall perform such activities as are set forth in Rail Company’s maintenance management plan, to be provided to and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned approved by the Lessee and in any event, to Authority during the extent required to maintain the Leased Property in good repair Escrow Term. Improvements shall be maintained by Rail Company in a manner consistent with prudent industry practice FRA regulations applicable to FRA Class 6 and AREMA standards. Rail Company shall also otherwise generally keep and maintain the Property, the portions of the Improvements located on the Property, and any other structure erected on the Property by Rail Company, in compliance good working order and safe condition and repair at Rail Company’s own expense during the Term of this Agreement, and shall keep the Property free and clear of weeds, brush, and debris of any kind, and of overgrowth of grass, so as to prevent the same becoming unsightly, dangerous, inflammable, or objectionable. Ballast shall be maintained so that it remains within the rail bed and shall be kept reasonably clean and free of grass and debris. Maintenance shall be accomplished in all material respects a manner so as to cause no unreasonable interference with all Applicable Laws, rules the use of the Airport property. Portions of the Property are located in high visibility areas and regulations, noncompliance with which might result in the imposition Authority may wish to retain the maintenance of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereofsame. The Lessee Matrix, being prepared during the Escrow Term, shall comply with such repair and set forth by station numbers which party is responsible for maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of each section of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee Authority shall have no duty to inspect or maintain any of the land, Property or Improvements, if any, during the Term of this Agreement; however, the Authority shall have the right, upon no less than two (2) business days’ written notice to Rail Company, at its principal place the Authority’s sole expense, to enter the Property for purposes of business inspection, including conducting an environmental assessment if the Authority has reason to believe that a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed legal violation exists on the Leased Property. In case of emergency or other danger as discussed herein, the event Authority may enter the Property pursuant to section 5(g)(iv). Such assessment may include but would not be limited to: surveying, sampling of building materials, soil and groundwater, monitoring well installations, soil excavation, groundwater remediation, emergency asbestos abatement, operation and maintenance inspections, and any damage to other action which might be required by applicable law or destruction commercially reasonable industry practice. The Authority’s right of entry shall not obligate inspection of the Leased Property by the Authority, nor shall it relieve Rail Company of its duty to maintain the Property. Any such inspection by the Authority shall not affect Rail Company’s use and operation of the Rail Project in any material respect (with it being understood that it is material for Rail Company to be able to operate, maintain and improve the Rail Project in a safe and continuous manner in order to deliver uninterrupted service to its passengers). If proper maintenance has not been performed by Rail Company and Rail Company does not cure the failure within thirty (30) days of the date of its receipt of notice from the Authority, then the Authority may perform or any part thereofhave others perform such maintenance and charge the reasonable and necessary cost of such maintenance to Rail Company, with it being understood and agreed that the use of the Property for rail purposes (including without limitation train emissions) in accordance with applicable laws shall not require remedial action. Upon notice from the Authority to Rail Company of such charges incurred by fire or other casualty, unless this Lease shall be terminated the Authority for the performance of maintenance pursuant to Section 13this section, such charges shall become due and payable within thirty (30) days. 9. Paragraph 6(b) under the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility paragraph entitled Closing Procedures of the Leased Property shall be at least equal to Agreement is deleted in its entirety and replaced with the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.following:

Maintenance. The Lessee Landlord shall repair and maintain in good condition, the structural parts of the Building, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems lying outside the Building, exterior doors (excluding glass), window frames, gutters and downspouts on the Building, and the exterior portions of the Phase (parking and other paved areas and landscaped areas); provided, however, (a) the cost of all such maintenance shall be considered “Expenses” for purposes of Section 4.c except to the extent excluded by Section 4.c, (b) to the extent not covered by insurance, the cost of any work required due to damage or excessive wear caused by Tenant or its agents shall be paid by Tenant, and (c) Landlord shall not be obligated to maintain any outdoor equipment or improvements of Tenant such as any tank farm nor to perform any work related to any Betterment or necessitated due to any Betterment, all of which shall be performed by Tenant at its sole cost expense. Except as provided above, Tenant shall maintain and expense repair (but, except as provided in Section 4.c, not replace) the Premises in good condition, ordinary wear and tear excepted, including, without limitation, maintaining and repairing all other walls, floors, ceiling, interior doors, exterior and interior windows and fixtures as well as damage caused by Tenant, its agents, employees or invitees. Tenant shall maintain, obtain and deliver to Landlord a service and maintenance contract for all HVAC units and systems serving the Building. Tenant shall, through such contract and as otherwise necessary, repair the Leased Property to keep it (i) and maintain such HVAC in as good operating condition and any replacements shall be treated as capable of operating at Design Capacity as when new provided in accordance with the Plans, (iiSection 4(c) in such condition above. Such contract shall be renewed so as to have be in constant force and effect; the capacity terms and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in form of such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, contract are subject to the extent required reasonable approval of Landlord. Tenant shall make such alterations and improvements to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules Premises as are required to enforce warranty claims against comply with Laws to the manufacturers extent attributable to the unique and suppliers specific use of the Leased Property Premises by Tenant, but Tenant shall have no obligation to make improvements or which are otherwise established alterations required by Laws of general applicability (such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect building codes requiring earthquake reinforcement, compliance with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log Americans with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased PropertyDisabilities Act, or environmental conditions not created or caused by ▇▇▇▇▇▇); any part thereof, by fire or other casualty, unless this Lease such work shall be terminated pursuant to accomplished in compliance with Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore 13 below. Upon expiration or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms termination of this Lease, ▇▇▇▇▇▇ shall surrender the Premises to Landlord in the same condition as existed at the commencement of the term, except for reasonable wear and tear.

Maintenance. Tenants shall maintain the Premises in a neat, clean, and orderly manner; use and maintain them in accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities; observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates; and immediately inform Landlord when there is a need for Landlord to perform repairs or maintenance. Tenant must notify Landlord IMMEDIATELY, BY PHONE at (▇▇▇) ▇▇▇-▇▇▇▇ of any gas leaks, electrical problems, water damage, broken appliances, or serious structural damage. Tenants shall not cause or permit any waste or misuse of any utility fixtures or of any portion of the Premises. Tenants shall reimburse Landlord for all damages caused by such waste or misuse; for all permit, inspection, and certification costs Landlord incurs because of Tenants’ noncompliance with this lease or applicable laws; and for all damages resulting from Tenants’ not timely reporting the need for repair or maintenance. Landlord may invoice Tenants for the cost of any repairs/replacements (other than normal wear and tear) during the Term of this Lease. The Lessee at its sole cost amount of such invoices is deemed unpaid rent and expense shall maintainbe due with the rental Installment for the month following the month in which the invoice is sent. Tenants shall pay and be liable to Landlord and/or Landlord’s insurer (in contract and/or tort) for the repair of all damage to, service and/or replacement of, the Premises and structure of which they are a part, including fire and flood damage, in any way caused or made necessary by Tenants, their guests, invitees, licensees, or agents. Nothing in this clause waives or lessens Landlord’s obligation to maintain and repair the Leased Property Premises under Michigan law, but Landlord is not so liable when it has not been informed of the need to keep it (i) in as good operating condition repair. Landlord’s reasonable exercise of any right or obligation hereunder never shall be deemed an eviction of Tenants or interference with their use and as capable possession of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the PlansPremises, and (iii) Landlord shall have no liability to Tenants because of Landlord’s actions in such condition as the Lessee would, in the prudent management of reasonably fulfilling its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaseobligations hereunder.

Maintenance. The Lessee at its sole cost 7.1 Lessor shall not be obligated to maintain or make any repairs or replacements to the Premises during the Lease Term except for the roof, foundation, exterior walls (excluding, however, glass doors), all exterior sewer and expense shall maintain, service and repair exterior utility lines to the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the PlansBuilding, and (iii) in such condition as the Common Area, and Lessee would, in the prudent management covenants and agrees to assume all responsibility of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to Premises. 7.2 Upon commencement of the Leased Property. The Lease Term, Lessee shall maintain at accept (excepting Punch List items) the Premises for its principal place of business a maintenance log with respect to the Leased Propertyintended use, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expensesole cost, risk, expense and liability, keep and maintain the Premises in good order and repair, and in compliance with reasonable promptnessall applicable governmental codes, ordinances and regulations. Lessee shall also (i) keep all sewer and utility lines servicing the Premises, including, without limitation, all sewer connections, plumbing, heating, ventilating and air conditioning equipment and appliances, wiring and glass, in good order and repair; (ii) provide janitorial services for the Premises; and (iii) keep the Premises free from all litter, dirt, debris and obstructions and in a clean and sanitary condition. Lessee shall enter into a contract approved by Lessor for the maintenance of all heating, ventilating, and air conditioning equipment located in or serving the Premises. At all times the Premises shall be kept in accordance with the standards then prevailing in John▇ ▇▇▇ek and all such maintenance, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property replacement and work performed pursuant to this section shall be performed in accordance with such standards. 7.3 At the condition required by the provisions expiration or other termination of this Lease, Lessee shall surrender the Premises (and the keys thereto) in as good condition as when received, loss by fire or other casualty not the result of any act or omission of Lessee, or ordinary wear and tear only, excepted. 7.4 Nothing in this Section 8(a) and so that the value and utility of the Leased Property 7 shall be at least equal deemed to the value and utility of the Leased Property immediately prior relieve Lessee from any liability which Lessee may have to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by Lessor under the terms of this LeaseLease or otherwise, on account of any damage as may be caused to the Premises or the Building by the negligence or misconduct of Lessee or any of the Lessee Parties. 7.5 As used in this Section 7, "repair and maintenance" shall include repairs and replacements, and the standard shall be the good, clean and safe condition of a first class business park building in north suburban Atlanta, Georgia.

Maintenance. ​ LESSEE shall replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The Lessee at its sole cost and expense LESSEE shall maintainnot permit the leased premises to be overloaded, service and repair the Leased Property to keep it (i) ​ ▇. ▇▇▇▇▇▇’S OBLIGATIONS ​ damaged, stripped, or defaced, nor suffer any waste. LESSEE shall be shall not store trash or refuse in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition a manner so as to have attract rodents or other pests. ▇▇▇▇▇▇ shall obtain written consent of LESSOR before erecting any sign on the capacity and functional ability to performpremises. Except for the bathroom, on a daily basis in commercial operation, LESSEE shall otherwise be responsible for the functions for which it was designed, in accordance with cleanliness of the Plans, and (iii) in such condition as Premises. ▇▇▇▇▇▇ shall maintain the Lessee would, temperature in the prudent management Premises at all times at a level so as to avoid the freezing of its own propertiesany pipes. ▇. ▇▇▇▇▇▇’▇ OBLIGATIONS ​ The LESSOR shall be responsible for general maintenance of the utility apparatus serving the premises (including but not limited to floors, maintainwalls, service ceilings, electric, plumbing and repair similar property owned HVAC system), except for repairs or maintenance caused by the Lessee and in any event, to the extent required ▇▇▇▇▇▇’▇ misuse of such apparatus. The LESSOR agrees to maintain the Leased Property in good repair in structure of the building of which the leased premises are a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result part in the imposition same condition as it is at the commencement of the term or as it may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those for whose conduct the LESSEE is legally responsible. LESSOR shall provide a penalty on any Indemnified Party or materially adversely affect dumpster for use by LESSEE for trash disposal purposes and the Leased Property or the operation thereofemptying of such dumpster shall be LESSOR’s responsibility. The Lessee removal of snow and ice from the parking areas, driveways and walkways and sidewalks bordering upon and serving the leased premises shall comply with such repair be LESSOR’s responsibility. Such snow and maintenance standards ice removal shall include shoveling and schedules sanding, as are required to enforce warranty claims against necessary. ▇▇▇▇▇▇ shall also be responsible for removal of snow and ice from the manufacturers roof and suppliers ▇▇▇▇▇ of the Leased Property or which are otherwise established by building containing the Premises as necessary to ensure that the accumulation of snow and ice does not compromise the structural integrity of such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Propertybuilding. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease LESSOR shall be terminated pursuant to Section 13, responsible for cleaning and stocking the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild common bathroom serving the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.Premises. ​ ​ ​

Maintenance. The (a) Except for Lessor Capital Repair Items as defined in Section 8.2(c), Lessee shall make and perform all day-to-day maintenance and repairs at its sole cost and expense shall maintain, service the Property (including the Improvements). Such day-to-day maintenance and repair shall include by way of illustration and not limitation maintenance and repair of the Leased HVAC and mechanical systems of the Improvements, parking, driveways and walkways and landscaping, painting and carpeting within the Improvements, as well as performing necessary snow removal and garbage collection. Lessee shall make all such repairs to the Property (including the Improvements) and shall keep the Property clean, neat, safe, sanitary, and in the same or better condition, order, and repair as exists as of the Commencement Date, subject to keep it ordinary wear and tear and the age of the Property and Improvements. Any service contracts entered into by Lessee with respect to Lessee’s maintenance obligations under this Section 8.2(a) shall be at Lessee’s sole cost. (ib) Lessor and Lessee anticipate that the items identified on Schedule 8.2 (the “Lessee Capital Repair Items”) may need replacement during the Base Term, and Lessee shall repair and/or replace, as the case may be, such Lessee Capital Repair Items during the Base Term, provided that Lessee shall not be obligated to expend more than [Note: Lessee in discussion with Buyer/Lessor will determine this amount during the Purchase Agreement Inspection Period after review of its existing maintenance records for Property in keeping with AT&T’s usual pattern and practice in making capital repairs] Dollars ($ ) in as good operating condition and as capable the aggregate for the repair and/or replacement of operating at Design Capacity as when new in accordance with all Lessee Capital Repair Items (including without limitation amounts heretofore incurred or expended for any Lessee Capital Repair Item) (the Plans, (ii) in such condition so as to have “Cost Limit”). Lessee shall complete the capacity and functional ability to perform, on a daily basis in commercial operation, the functions repairs or replacements of Lessee Capital Repair Items for which it was designedis responsible as set out above at such times and in such manner as Lessee determines are reasonable and prudent under the circumstances and taking into consideration the impact or potential interference with ▇▇▇▇▇▇’s business, provided that Lessee shall cause such repairs and replacements to be done in a good and worker-like manner and in compliance with all Applicable Laws (subject to Lessee’s right to contest the applicability of any law or regulation). Lessee shall from time to time notify Lessor of the completion of Lessee Capital Repair Items that have been repaired or replaced and the cost thereof. In the event that any repair or replacement required to be performed and paid for by Lessee under this Section 8.2(b) shall not be completed prior to the end of the Term, Lessee shall assign to Lessor all contracts with respect thereto, and from time to time, Lessor shall submit accurate invoices (including reasonable supporting documentation) to Lessee showing the amounts expended by Lessor under such contracts, and Lessee shall reimburse or pay to Lessor such amount within ten (10) Business Days thereof, provided that in no event shall Lessee be obligated to pay more than the Cost Limit in the aggregate. If ▇▇▇▇▇▇ does not reimburse or pay Lessor within such ten (10) Business Day period, then such amount will bear interest from the end of such ten (10) Business Day period to the date so reimbursed or paid to Lessor at the Prime Rate. In the event the aggregate cost of all work heretofore or hereafter performed or caused to be performed by Lessee with respect to the Lessee Capital Repair Items exceeds the Cost Limit (the amount of such excess from time to time, the “Excess”), from time to time Lessee shall submit accurate invoices (including reasonable supporting documentation) to Lessor showing the amounts expended or to be expended by ▇▇▇▇▇▇, and ▇▇▇▇▇▇ shall reimburse or pay to Lessee for the Excess within ten (10) Business Days thereof. If ▇▇▇▇▇▇ does not reimburse or pay to Lessee within such ten (10) Business Day period, then Lessee upon notice to Lessor may from time to time set-off the amount owed by ▇▇▇▇▇▇ (together with interest at the Prime Rate on the amount not reimbursed from time to time, after giving effect to any set-off) against installments of Base Rent. (c) In addition to the Lessor’s obligation to reimburse or pay Excess amounts pursuant to Section 8.2(b) above, Lessor shall be responsible, at its cost, for any repair or replacement (of the whole or any major part) of any item of a capital nature a (“Capital Repair”) not identified on Schedule 8.2 (the “Lessor Capital Repair Items”), including without limitation the roofs (except to the extent included in any roof repairs identified on Schedule 8.2), foundations and footings of the Improvements. Lessee shall give Lessor written notice of any Lessor Capital Repair Item that Lessee has identified as needing repair or replacement (whether expected or unexpected), and Lessor shall promptly commence the repair or replacement thereof. Lessee shall allow Lessor and its representatives and agents reasonable access (subject to the limitations with respect to access by an Inspecting Party set forth in Section 15.1) to the Property to enable Lessor to evaluate the need for the Lessor Capital Repair Item identified by ▇▇▇▇▇▇. If Lessor does not agree that any such Lessor Capital Repair Item is in need of repair or replacement or that such item is not a Lessor Capital Repair Item, then Lessor shall so notify Lessee in writing within ten (10) days of Lessor’s receipt of Lessee’s notice, including the reasons therefor. If Lessee and Lessor cannot reach agreement as to the repair or replacement of the Lessor Capital Repair Item in question or as to the nature of the repair (i.e. whether the repair of replacement constitutes a Lessor Capital Repair Item), the parties shall submit the issue to mediation and Arbitration per Section 27 of this Lease. The arbitrator shall determine whether based upon ▇▇▇▇▇▇’s standard for having replaced and/or repaired capital items at the Property during the Base Term, such item would have been repaired or replaced and whether or not the repair or replacement constitutes a Lessor Capital Repair Item. If it is determined that, based upon Lessee’s standard for having replaced and/or repaired capital items at the Property during the Base Term, such item would have been repaired or replaced and that the repair or replacement constitutes a Lessor Capital Repair Item, then Lessor shall, at its expense, promptly cause such Lessor Capital Repair Item to be done. In the event Lessor does not make such Capital Repair, Lessee may do so, in which event Lessor shall reimburse Lessee for the cost thereof within ten (10) Business Days of Lessor’s receipt of an invoice therefor, together with reasonable back-up documentation, from Lessee. In the event that ▇▇▇▇▇▇ does not so reimburse ▇▇▇▇▇▇, then ▇▇▇▇▇▇ may, in accordance with the PlansSection 18.2 hereafter, and exercise it rights as set forth therein. (iiid) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that 8.2 shall not apply in the value and utility case of Casualty to or Condemnation of the Leased Property Property, in which case the obligations of the parties shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then as provided in the condition required to be maintained by the terms of this LeaseArticle 12.

Maintenance. The Lessee LESSEE acknowledges it has inspected the Leased Premises and agrees to maintain, at its sole cost and expense shall maintainexpense, service the grounds and repair all equipment and improvements on the Leased Property Premises1 and to keep it (i) in promptly make any and all repairs or replacements as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required necessary. LESSEE also agrees to maintain the Leased Property Premises and its improvements and equipment in good repair operating order and in a manner neat, orderly and presentable condition consistent with prudent industry practice good business practices. This obligation to repair includes the obligation to make all repairs to the Hangar (including the roof and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers exterior structures of the Leased Property Hangar) and aprons now or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed hereafter constructed on the Leased PropertyPremises by the LESSEE. LESSEE agrees to pay for all utilities consumed on the Leased Premises including interior and exterior utility lines, equipment, fixtures and connections owned or installed by or for LESSEE. LESSEE shall also be responsible for snow removal in or on the Leased Premises. In the event the United States of any damage America or another agency, governmental or otherwise, not hired, paid or employed by LESSOR to do so, should take over, supervise and operate runways, landing areas, lights, radio control tower, and other aerial navigation aids or destruction of facilities which shall have been operated and maintained at the Leased Property, or any part thereof, Airport by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, LESSOR at its own expense, with reasonable promptnessand LESSEE is required to make payment to such agency for the use of the facilities, then the rentals and fees provided herein for LESSEE to pay LESSOR for that particular use or activity shall terminate, it being the intent hereof that LESSEE shall not be required to pay duplicate charges. LESSOR shall not be liable for any damage either to person or property, whether sustained by LESSEE or by other persons, due to the Airport, any improvements thereon or any part thereof or any appurtenances thereof being out of repair, restore or rebuild due to any accident in or about the same so Airport, or due to any act or neglect of any tenant or occupant of the Airport or any other person, or due to lack of snow or water removal at the Airport or any part thereof or in connection with the construction of any improvement by LESSOR or its contractors at the Airport. Without limiting the generality of the foregoing, LESSOR shall not be liable for damage caused by water, steam, snow, ice, sewerage, gas, bursting or leaking of pipes or plumbing or electrical causes, or the negligence of contractors, employees, agents, or licensees of LESSOR, unless the damage is proved to be the result of the gross negligence or willful misconduct of LESSOR. In addition to other rights and remedies of LESSOR hereunder, if LESSOR discovers and reports any maintenance deficiency to LESSEE that upon LESSEE is responsible for as defined in the completion of such repair, restoration Lease and requires repair or rebuilding replacement in order to maintain the Leased Property shall Premises, improvements, aircraft ramp, structural integrity or appearance of any structure(s), including without limitation any doors, roof and/or exterior walls, LESSEE will promptly undertake and complete such repairs or replacements at its expense. In the event LESSEE fails to perform its obligations hereunder, LESSOR may, at its sole option, after thirty (30) days notice, undertake and complete any such maintenance, repairs or replacements, but will have no obligation to do so, and the cost thereof will be in deemed additional rent and will be paid by LESSEE to LESSOR no later than thirty (30) days after the condition required by date of invoice from LESSOR to LESSEE for such costs. LESSEE will provide a complete and proper arrangement for the provisions frequent and adequate sanitary handling and disposal, away from the Airport, of this Section 8(a) all trash, garbage and so that other refuse caused as a result of the value and utility occupancy or use of the Leased Property shall be at least equal to the value and utility Premises. All maintenance, repairs, additions or other work of any kind or nature performed, constructed or installed by or on behalf of LESSEE in or upon the Leased Property immediately prior Premises, will conform in all respects to (a) all applicable federal, state and local statutes, ordinances and building codes, (b) all applicable rules and regulations promulgated by LESSOR including the occurrence of such casualty assuming that SAA Rules and Regulations (c) the Leased Property was then in SAA’s design standards, if any, for the condition required Airport, as promulgated by LESSOR from time to be maintained by the terms of this Leasetime.

Maintenance. (a) Except only for maintenance and repairs to be performed or made by Lessor as expressly provided in subsections (b) and (c) below, and ordinary wear and tear (provided good maintenance practices are employed, but this exception shall not excuse Lessee from any obligation hereunder to make necessary repairs or replacements), the Lessee shall keep and maintain the Leased Premises in a neat, clean and sanitary condition and in at least as good order, repair, and condition as same are now in or in such better condition as they are placed in during the term hereof (and shall make any necessary replacements), including without limitation the maintenance and repair of: any improvements constructed or installed by Lessee; all electrical, plumbing, gas, HVAC and sewage facilities exclusively serving the Leased Premises; interior walls, floors, and ceilings; sprinklers, fixtures, signs (if and where permitted) and all interior building appliances and similar equipment; and the exterior and interior portions of all windows, window frames, doors, door frames, and all other glass or plateglass thereon. Lessee shall be responsible for the cost of repairs to the Building (including the Common Facilities and the Leased Premises) and the Property caused by any act or negligence of Lessee or Lessee's Agents, including damage to the roof, foundations and exterior walls of the Building and Leased Premises or to the utilities servicing the Building and the Leased Premises; and if such repairs are required, Lessor may demand that Lessee make the same forthwith, at its sole cost or expense, or Lessor may cause such repairs to be made and the cost of same shall be paid by Lessee, as additional rent, promptly upon demand therefor. (b) The Lessor shall, promptly after receipt of written notice from the Lessee, make any necessary repairs to the roof, foundations and exterior walls of the Leased Premises and the Building and the common utility systems of the Building; provided Lessor shall not be (c) Lessor shall maintain the Common Facilities in at least as good order and repair as same are now in, except for repairs and maintenance made necessary by any act or negligence or default of Lessee or Lessee's Agents, in which case such repairs and maintenance (and/or replacement) shall be made by Lessee at its sole cost and expense expense. The Common Facilities shall maintainbe subject to the exclusive control and management of the Lessor who shall have the right, service without limitation, and repair in addition to the previous provisions hereof: to police the same; to change the area, level, location and arrangement of Common Facilities; to close all or any portion of said areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to close temporarily all or any portion of the parking areas (if any) to discourage noncustomer parking and for the reasonable stockpiling of snow. The Lessor shall operate the Common Facilities in such manner as the Lessor in its reasonable discretion shall determine. (d) Except as specifically provided in subsections (b) and (c) above, Lessor shall not be responsible for any maintenance or repairs to the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operationPremises, the functions for which it was designedBuilding or the Property. All costs incurred by Lessor in performing its obligations under this Section 9.1 shall be included as a part of the Operating Costs, as provided in accordance with Article 5 hereof, except if such repairs are due to the Plansnegligence or willful misconduct of Lessor, and its agents, or employees. (iiie) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and If in any event, to Lease Year the extent required to maintain amount paid by Lessee for repairs and replacements of the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers HVAC system of the Leased Property or which are otherwise established Premises exceeds $10,000, Lessor shall pay to Lessee, within ten (10) days after Lessee's written request and presentation of reasonable documentation of such costs and payment thereof, an amount equal to 50% of such excess; and the amount so paid by such manufacturers and suppliers Lessor shall not be included as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction part of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseOperating Costs.

Maintenance. The Lessee at its sole cost and expense shall maintain, service and repair the Leased Property to keep it (i) in as good operating condition and as capable of operating at Design Capacity as when new in accordance with the Plans, (ii) in such condition so as to have the capacity and functional ability to perform, on a daily basis in commercial operation, the functions for which it was designed, in accordance with the Plans, and (iii) in such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required Landlord agrees to maintain the Leased roof, foundation and exterior walls of the Property during the term of this Lease except for any damage caused by the actions of the Tenant. The Landlord also agrees to warrant the HVAC system against repairs with the stipulation that the Tenant keeps an HVAC maintenance contract in place on the system with a licensed HVAC contractor. Said maintenance agreement to cover filter changes, and any other periodic service required. Subject to the foregoing, Tenant agrees to maintain the Property in good repair in a manner consistent with prudent industry practice first class condition, including the interior (air conditioning, electric, and in compliance in all material respects with all Applicable Laws, rules plumbing included) and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers exterior of the Leased Property or which are otherwise established by such manufacturers improvements (including any landscaped areas around the bldg.), and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Propertyparking areas at Tenant's expense. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased PropertyNOTE: ON THE ABOVE ITEMS THAT ARE THE RESPONSIBILITY OF THE TENANT, which shall include the dates and details of all material maintenance and repairs performed on the Leased PropertyTHE SCOPE OF "MAINTENANCE" IS TO INCLUDE ROUTINE MAINTENANCE AND ANY REPAIRS MADE NECESSARY BECAUSE OF THE TENANTS USE OR NEGLIGENCE. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee ANY REPAIRS NECESSARY BECAUSE OF DEFECTIVE CONSTRUCTION OF MATERIALS SHALL BE THE RESPONSIBILITY OF THE LANDLORD. Tenant shall, at its own expensethe termination of the Lease, with reasonable promptnessby lapse of time or otherwise, repairsurrender the Property in first class condition, restore ordinary wear and tear excepted. Subject to any lien Landlord may have, Landlord agrees that all trade fixtures, equipment and inventory placed in or rebuild on the Property by Tenant shall remain the sole Property of Tenant and Tenant shall have the right to remove the same so at the end of the Lease term, provided that upon the completion Tenant is not in default of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the any provisions of this Section 8(a) and so that lease agreement. Notwithstanding the value and utility foregoing, any Leasehold improvements or fixtures attached to the Property by Tenant shall become Property of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this LeaseLandlord.

Maintenance. 6.1 The Lessee MVYBA at its sole cost and expense shall maintainmaintain or cause to be maintained, service through the term of this agreement, the grounds of the premises and repair all improvements in their present condition. 6.2 The MVYBA shall, within its reasonable control, keep the Leased Property to keep it (i) in as good operating condition premises free of litter, trash paper and as capable other waste generated during its use of operating at Design Capacity as when new the premises and shall dispose of same in accordance with the Plans, (ii) in such condition so as to CITY policy. The City Administrator shall have the capacity right to inspect the premises for cleanliness and functional ability sanitary conditions at any and all times, and the MVYBA hereby agrees to performpromptly correct any deficiencies in maintenance of which it is notified in writing by the City Administrator. 6.3 Notwithstanding any contrary provisions herein contained, should the premises be damaged by fire, tornado or other act of God, the CITY shall be under no obligation to rebuild or repair the premises. 6.4 MVYBA will, at the termination of this agreement, return the premises to CITY in a condition satisfactory to the CITY, usual wear, acts of God, or unavoidable accident only accepted. 6.4.1 If MVYBA leaves any property, personal or otherwise, on a daily basis in commercial operation, the functions for which it was designed, in accordance with premises after the Planstermination or revocation of this agreement, and (iii) in such condition as the Lessee wouldfails, in the prudent management of its own propertiesrefuses or neglects, maintain, service and repair similar property owned by the Lessee and in any eventafter notice from CITY, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Lawsremove same within thirty (30) days after such termination or revocation, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on the Leased Property. In the event of any damage to or destruction of the Leased Property, or any part thereof, by fire or other casualty, unless this Lease shall be terminated pursuant to Section 13, the Lessee shallCITY, at its own expenseoption, with reasonable promptnessmay treat such property as abandoned, repairand shall have absolute right of disposal over such property. The cost for removal, restore or rebuild if any, may be withheld from any deposit remaining in the same so that upon the completion account of MVYBA. MVYBA hereby waives any and all damages for any loss resulting from disposal of such repairproperty. 6.5 The MVYBA will perform an initial cleaning and stocking of all restroom facilities, restoration perform a full dragging and tilling of fields, and make any necessary repairs prior to Opening Day. 6.6 The MVYBA will maintain the facilities in good condition through term agreement, including mowing, weeding, irrigation, and not permit the existence of any public nuisances thereon, or rebuilding such other threats to the Leased Property shall be in public health, safety, welfare, and disruption of regular play. 6.7 MVYBA may not make alterations, improvements, or additions to the condition required by Premises without the provisions of this Section 8(a) and so that the value and utility prior written consent of the Leased Property City Administrator or his designee. All such alterations, improvements, and additions shall be at least equal to the value and utility become property of the Leased Property immediately prior to CITY upon termination of the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Leaselicense.

Maintenance. The Lessee During the term of this Agreement, the responsibility for maintenance, repairs and replacements with respect to the Building shall be governed by the following provisions: 1. At or before the later of the Initiation of the Lease or its taking occupancy of the Building, LESSEE will have the right to inspect the Building thoroughly. LESSEE acknowledges and agrees that (i) LESSEE's payment of the first month's rent shall signify that the Building is in good sanitary order, condition and repair and is acceptable to LESSEE, and (ii) at its LESSEE's sole cost and expense, it will keep the Building and every part thereof in good condition and repair including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, (except concealed plumbing that is underground or within the walls or doors) pipes, electrical wiring and conduits, heating and air conditioning system (when there is an air conditioning system). LESSEE shall, upon the expiration or sooner termination of this Lease, surrender the Building to LESSOR in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of LESSEE excepted. Any damage to adjacent premises caused by LESSEE's use of the Building shall be repaired at the sole cost and expense of LESSEE, unless otherwise covered by applicable insurance. Damage to the Building or to adjacent premises caused by LESSOR, its agents, servants, invitees or employees, shall maintainbe repaired at the sole cost and expense of LESSOR, service unless otherwise covered by applicable insurance. 2. Notwithstanding the provisions of Clause Seventh (1) above, LESSOR shall repair and repair maintain the Leased Property to keep it (i) in as good operating condition and as capable structural portions of operating at Design Capacity as when new in accordance with the PlansBuilding, (ii) in such condition so as to have the capacity and functional ability to performincluding, on a daily basis in commercial operationbut not limited to, the functions for which it was designedexterior walls, in accordance with the Plansroof (including leaks) underground and concealed plumbing, power distribution connections and (iii) in telecommunications infrastructure, unless such condition as the Lessee would, in the prudent management of its own properties, maintain, service and repair similar property owned by the Lessee and in any event, to the extent required to maintain the Leased Property in good repair in a manner consistent with prudent industry practice and in compliance in all material respects with all Applicable Laws, rules and regulations, noncompliance with which might result in the imposition of a penalty on any Indemnified Party or materially adversely affect the Leased Property or the operation thereof. The Lessee shall comply with such repair and maintenance standards and schedules as are required to enforce warranty claims against the manufacturers and suppliers of the Leased Property or which are otherwise established by such manufacturers and suppliers as recommended operating procedures and any standards imposed by any insurance policies in effect with respect to the Leased Property. The Lessee shall maintain at its principal place of business a maintenance log with respect to the Leased Property, which shall include the dates and details of all material maintenance and repairs performed on are caused in part or in whole by the Leased Property. In the event act, neglect, fault or omission of any damage to or destruction of the Leased Propertyduty by LESSEE, its agents, servants, employees, invitees, or any part thereofdamage caused by breaking and entering, by fire or other casualty, unless this Lease in which case LESSEE shall be terminated pursuant pay to Section 13, LESSOR the Lessee shall, at its own expense, with reasonable promptness, repair, restore or rebuild the same so that upon the completion actual cost of such repair, restoration or rebuilding the Leased Property shall be in the condition required by the provisions of this Section 8(a) and so that the value and utility of the Leased Property shall be at least equal to the value and utility of the Leased Property immediately prior to the occurrence of such casualty assuming that the Leased Property was then in the condition required to be maintained by the terms of this Lease.maintenance and