Common use of OBLIGATIONS OF LANDLORD Clause in Contracts

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the common areas of the Property, and keep them in good condition, reasonable wear and tear excepted. The parties agree that, for purposes of this Article 6, Landlord’s obligations extend to the following locations (the “Points of Connection”): (a) with respect to the electrical power (including wiring, electrical components and apparatus, and auxiliary supporting systems and equipment such as HVAC equipment), natural gas service and water utility systems located on, in or under the common areas of the Property and which serve the Buildings, to the applicable meter for each such utility system for each Building; and (b) with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time after Xxxxxx gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658

OBLIGATIONS OF LANDLORD. Landlord shall maintain and repair the Reserved Areas, and the common areas of the Property, and keep them in good condition, reasonable ordinary wear and tear and any periods of restoration or replacement excepted. The parties Landlord shall use and maintain the Reserved Areas in accordance with Applicable Law. With respect to Utilities and any other Infrastructure serving the Premises and located on portions of the Property other than the Premises, the Parties agree thatthat Landlord's obligations under this section 9.1 extend to, for purposes of this Article 6but exclude, Landlord’s obligations extend to the following locations (the “Points of Connection”): Connection (a) or with respect to roads, streets and any other such improvements for which there is no Point of Connection, the electrical power boundary of the Premises) unless otherwise provided in the Utility Plan. Landlord agrees that it shall maintain, at its sole cost and expense, in good condition and repair and as required by Applicable Laws: (including wiringi) those certain dikes and other flood control structures outside of the Premises that are under Landlord's control, electrical components and apparatuswhich are depicted on Exhibit X-x attached hereto, and auxiliary supporting systems (ii) that certain fencing in and equipment such around the Premises that are designated as HVAC equipment)Landlord's responsibility, natural gas service as depicted on Exhibit R-2 attached hereto. Landlord further agrees that to the extent the Airfield Management and water utility systems located on, in or under the common Operations Plan and Wildlife Management Plan address areas outside of the Property Premises owned by Landlord, Landlord shall maintain such areas as required by the Airfield Management and which serve the Buildings, Operations Plan and Wildlife Management Plan. Landlord agrees to the applicable meter for each such utility system for each Building; and (b) comply with Applicable Laws with respect to the common areas of the Property and all utility systems other than electrical power, natural gas service and water, to the point which is five (5) feet from the exterior walls of each Building. If requested by Xxxxxx in writing, Landlord shall provide, as a Demand Service, janitorial services in accordance with Landlord’s current standards and practices (and Tenant acknowledges that trash is collected only three (3) times per week). Landlord shall provide ISP Services with respect to the Property in accordance with Landlord’s current practices and standards for burrowing owl habitats located within the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable controlbut outside of the Premises. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair, and Landlord shall not be liable for any failure to do so unless such failure continues for an unreasonable time thirty (30) days after Xxxxxx Tenant gives such written notice to Landlord. Tenant waives any right to perform maintenance or make repairs for which Landlord is responsible at Landlord’s expense. Landlord’s liability with respect to any maintenance or repair for which Landlord is responsible shall be limited to the cost of the maintenance or repair. Any damage to any part of the Property for which Landlord is responsible that is caused by Tenant or any agent; provided, employeehowever, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the cost of such repairs incurred by Landlord. As used in this Lease, the phrase “ISP Services” shall mean: (i) common grounds and road maintenance; (ii) security; (iii) structural fire response and periodic Fire Marshal inspections; (iv) first responder operations (Hazardous Material); (v) utility infrastructure systems maintenance and repair; and (vi) routine administrative support and management oversight (i.e. environmental oversight) related to this Lease. BE 543 154 EUL Final 120511 SAA2 – 402658thirty