Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession (a) Except with respect to Landlord Repairs (as defined below) and any other obligations of the PremisesLandlord expressly set forth in this Lease, Tenant Tenant, at Tenant’s expense, shall be deemed to have accepted keep and maintain the Premises as being in good sanitary orderorder and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, condition “repairs” shall include repairs and repairany reasonably necessary replacements. Tenant shall at have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises ’s desire to the have Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepairs, in which case Tenant shall pay to Landlord the reasonable cost of for such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense under any lawalong with the Administrative Fee. If there is an uncured Event of Default, statute or ordinance now or hereafter Landlord may elect to require that Tenant prepay the amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in effect.quality to those being repaired. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “

Repairs and Maintenance. By taking possession Landlord, at its sole cost and expense, will promptly make all replacements (as opposed to repairs and maintenance) of capital items serving the Project in a manner consistent with the standards prevailing from time to time for Comparable Class Buildings, including, but not limited to the roof, foundation and structural elements of the PremisesBuildings, the HVAC system, major elevator components and the main equipment and systems providing services to the Project including without limitation, the Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the Parking Area, unless the need for any such replacement is caused by the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant, in which event Tenant will bear the cost of such repairs to the extent as provided in this Lease. In no event will Landlord be liable to Tenant for failure to make any required replacement unless written notice of the need for such replacement has been delivered by Tenant to Landlord and Landlord shall fail to make such replacement within a reasonable period after receipt of such notice. If Landlord fails to perform a required replacement or fails to repair a warranted item within a reasonable period after receipt of notice as set forth above, and such failure causes the Project to be without an essential building service (such as electricity or HVAC but not to include elevators) which renders all or any portion of the Premises untenantable for five (5) consecutive business days, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall be deemed entitled to an abatement of Rent (in proportion to the area so untreatable) until such essential service is restored. If such failure aggregates to a total of forty-five (45) days in any twelve (12) month period, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall have accepted the Premises right to terminate this Lease. Landlord will consult with Tenant regarding the need for replacement of capital items. In the event of a dispute between Landlord and Tenant as being to whether a particular item is a capital replacement to be made by Landlord (or whether such item is not in good sanitary orderneed of replacement and is instead part of Tenant’s repair and maintenance of capital items), which dispute is not resolved by the parties within fifteen (15) days after Tenant’s notice to Landlord of the Tenant’s request for such replacement, then, within ten (10) days after the expiration of such fifteen (15) day period, Landlord and Tenant shall each select an independent disinterested engineer, which engineers shall mutually determine (within ten (10) days) whether the item in question is a capital replacement to be made by Landlord or whether such item is not in need of replacement and is instead part of Tenant’s repair and maintenance of capital items. The losing party shall bear the costs of both engineers. If the engineers cannot agree, then the engineers shall mutually select a third independent disinterested engineer. Such third engineer shall then (within ten (10) days) make its determination whether the item in question is a capital replacement or whether such item is not in need of replacement and is instead a repair and maintenance item, whose decision shall be final and binding. The losing party shall pay the fees and costs of such third engineer. At a minimum, each of the engineers shall be disinterested engineers, with substantial experience in the Miami-Dade County commercial real estate office market. Except for the specific capital items to be replaced by Landlord as described above and the items warranted by Landlord as described above , Tenant, at its sole cost and expense, will repair and maintain (and replace if necessary) the Project (including, without limitation, all furniture, trade fixtures and equipment of Tenant, all areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) in a clean, attractive and safe condition and repair. Tenant shall at Tenant's costin a manner consistent with the standards prevailing from time to time in Comparable Class Buildings, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary as to reasonable wear and tear. Tenant shall upon the Upon expiration or sooner earlier termination of this Lease Lease, Tenant will surrender and deliver the Premises to the Landlord in good condition, ordinary a similar condition in which they existed at the commencement of this Lease excepting reasonable wear and tear and damage arising from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in either an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises insurable casualty or any part thereof and the parties hereto affirm that Landlord has made no representations cause not required to be repaired by Tenant. Tenant respecting the condition shall be obligated to repair any damage incurred in connection with any removal of the premises Tenant’s furniture, equipment or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished other personal property by Landlord, unless such maintenance and repairs are caused in part Tenant or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees representatives or inviteesemployees, in which case provided that Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure obligated to repair any damage to any area which Landlord has notified Tenant in writing that it intends to refurbish or remove in connection with renovation of the Project for re-letting. This Section shall not apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord or Tenant on the Project (as to perform any maintenance unless such failure which Section 15 hereof shall persist for apply) or damage resulting from an unreasonable time after written noticeeminent domain taking (as to which Section 17 hereof shall apply). Any repairs or maintenance To the extent possible, Landlord will assign to supplemental cooling equipment required for Tenant's special needs are Tenant the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason benefit of any injury manufacturer’s warranties and guaranties with respect to or interference the items installed by Landlord but to be maintained by Tenant regarding the Project. Landlord will obtain the warranties and guaranties as may be expressly required in the final approved Construction Documents for the Premises. Landlord will use reasonable efforts to cause Tenant to be a third party beneficiary of Landlord’s construction contract with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectits general contractor.

Repairs and Maintenance. By taking possession of the Premises, Tenant (a) Landlord shall be deemed to have accepted the Premises as being maintain in good sanitary order, condition order and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises subject to the Landlord in good condition, ordinary normal wear and tear and damage from causes beyond subject to casualty and condemnation, the reasonable control Building (excluding the Demised Premises and other portions of the Tenant excepted. Unless specifically provided in an addendum Building leased to this Leaseother tenants), Landlord shall have no obligation to alterthe Building parking facilities, remodel, improve, repair, decorate or paint the Premises or any part thereof public areas and the parties hereto affirm that Landlord has made no representations landscaped areas. Such maintenance shall be in a manner comparable to Tenant respecting other buildings in Wildwood Office Park and shall include, without limitation, the condition of the premises or the building except "Maintenance Services", as specifically herein set forthdefined below. Notwithstanding the above provisionsforegoing obligation, Landlord shall repair and maintain the structural portions cost of any repairs or maintenance to the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole foregoing necessitated by the act, neglect, fault intentional acts or omission negligence of any duty by the Tenant, Tenant or its agents, employees or contractors, employees, invitees, in which case licensees, tenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenancewithin fifteen (15) days after demand. Landlord shall not be liable for required to make any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, exterior windows, exterior doors and roof of the building or Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the Premises or to fixturesheating, appurtenances ventilating and equipment therein. Tenant waives air conditioning systems, electrical and plumbing systems of the right to make repairs at Landlord's expense under any lawBuilding, statute or ordinance now or hereafter the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, the sweeping of walks and parking areas and maintenance of landscaping in effect.an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the grounds care of Wildwood Office Park, (iii) general maintenance, including supervision, inspections and management functions as typically carried out in Wildwood Office Park, and (iv) extermination and pest control services for the Building (and common areas herein) and

Repairs and Maintenance. By taking possession Lessee shall at its sole expense keep the interior of the Premises, Tenant shall be deemed to have accepted the Premises premises in as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition order and repair except for damages from causes beyond as it is at the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination commencement of this Lease surrender the Premises to the Landlord in good conditionAgreement, ordinary reasonable wear and tear and damage from causes beyond the reasonable control excepted. A walk-through of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint current Biotage space was made by representatives of Lessee and Lessor at the Premises or any part thereof commencement of the first Lease and the parties hereto affirm that Landlord has made no representations to Tenant respecting a checklist was prepared which stated the condition of all leased property. This checklist was signed by both representatives at the premises time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through shall be made no later than thirty (30) days prior to expiration of this Lease and any repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the Lessor. If Lessee fails to complete any such repairs by the date of the termination of the Lease the cost of performing such repairs shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the building except sole expense of Lessee and such replacement or repair shall be to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not to place sweepings, rubbish, rags, chemicals, or other items in such fixtures. Lessee agrees not to install on the property any heating unit or antenna of any kind without the consent of the Lessor. Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as specifically herein set forthbeing greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the placement or moving of any such article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and to use only waxes of a water emulsion type. Notwithstanding any of the above provisionsabove, Landlord the Lessee shall not be responsible for any repairs resulting from the negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinklers, electrical (not including lamp and maintain other light fixture replacement), the structural portions roof, the exterior of the building, including the standard plumbinggrounds, air conditioning, heating and electrical systems furnished the parking areas except for any improvements made by Landlord, unless such the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repairs are repair shall be performed at Lessors own expense, except for (a) any damage exceeding reasonable wear and tear caused in part or in whole by the actLessee, neglect, fault or omission of and (b) any duty by the Tenant, its agents, employees or invitees, damage which in which case Tenant shall pay to Landlord the reasonable cost judgement of such maintenance and repairsthe Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Tenant shall give Landlord written notice of any Lessor shall, at its sole expense, have the sprinkler system tested annually as required repairs or maintenancefor Lessor's insurance policy. Landlord Lessor shall not be liable to Lessee, its employees, agents or invitees for any failure to repair damage or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to persons or interference with Tenant's property or for any loss or interruption of business arising sustained by Lessee resulting from any occurrence or condition in or upon the making of any repairsleased Premises, alterations or improvements to any portion of the building or the Premises land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or to fixturesinterruption was caused by the negligence or willful misconduct or Lessor, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute its agents or ordinance now or hereafter in effectemployees.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted Landlord will provide major maintenance for the Premises as being and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good sanitary orderand habitable condition including the following, condition provided Tenant keeps the Premises and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof Parking Lot in good condition and repair except for damages from causes beyond the control of Tenant and ordinary has not damaged (normal wear and tear. , damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant shall upon or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the expiration or sooner termination of this Lease surrender the Premises items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the Landlord in good condition, ordinary wear and tear and damage from causes beyond lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the reasonable control point of connection at the interior of the Building Tenant excepted. Unless specifically provided in an addendum will be charged for repairs necessitated by damage to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition Parking Lot or loss of the premises equipment caused by willful or the building except as specifically herein set forth. Notwithstanding the above provisionsnegligent acts of Tenant’s staff, Landlord shall repair and maintain the structural portions of the buildingclients, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees contractors, invitees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairspermitted subtenants. Tenant shall give Landlord written notice of any required For example repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs that are the responsibility of Tenant. Except Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as specifically herein set forthinterior trim, there shall be no abatement of rent doors, hardware, wall finishes, flooring and no liability of Landlord by reason of any injury floor finishes, ceilings and finishes • Any damage to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to fixturesTenant of the repairs to be made, appurtenances and equipment thereinexcept in an emergency in which there is a threat of damage to property or personal injury. Tenant waives shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the right to make repairs at Landlord's expense under any lawPremises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, statute or ordinance now or hereafter in effecttoilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.

Repairs and Maintenance. By taking possession Tenant shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repairAgent. Tenant shall at Tenant's costagrees to be responsible for any damage caused to the above mentioned pool/spa/hot tub, keep and to adhere to any necessary instructions from a professional pool company, if given. If tenant does not properly follow maintenance instructions, and the premises and every part thereof in good condition and repair except pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for damages from causes beyond the control of Tenant and costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall notify Agent and pay for all repairs or replacements caused by Tenant(s) or Tenant’s invitees’ negligence or misuse. Tenant shall upon the expiration not make repairs without prior written consent of Agent. Excessive damage by Tenant, Tenant’s household, or sooner termination of this Lease surrender the Premises guests to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthunsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions As of the buildingdate of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for keeping the lawn and landscaping in the condition in which it was received, unless it is deemed not applicable on page 4 #15 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including the standard plumbingall floors, air conditioningplumbing fixtures, heating and electrical systems furnished by Landlordappliances, unless such maintenance and repairs are caused in part etc. Tenants should refrain from using overly abrasive cleaning solutions or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairscleaning products that may cause permanent damage. Tenant shall give Landlord written notice of acknowledges that they are responsible for any required repairs damage caused by abrasive cleaning products or maintenance. Landlord shall cleaning solutions and that said damage will not be liable considered “normal wear and tear.” Tenants agree to maintain adequate temperature in the dwelling at all times to prevent the pipes from freezing. Tenant is responsible for insuring hoses are disconnected from outside spigots in below freezing weather to prevent pipes from freezing and cracking. Tenant is also responsible for regulating sprinkler system (if applicable) to ensure no freezing takes place. Tenant is responsible for keeping any failure applicable heat tape plugged in during winter months or any time of the year when temperature reaches below 40 degrees. If Tenant has questions at any time regarding these matters, they will call Agent for assistance. Agent has installed all necessary smoke detection and CO detection devices. It is the tenant’s responsibility to repair or ensure that batteries are being changed and that these devices remain in good working order. Tenant agrees to perform any maintenance unless such failure shall persist test devices/batteries monthly to ensure proper operation. Tenant understands a $100.00 charge will be added to the ledger for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising each smoke detector that is removed from the making of any repairs, alterations property. This charge can be added during an inspection or improvements to any portion returning possession of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectunit.

Repairs and Maintenance. By taking possession of the Premises(a) Except with respect to Landlord Repairs (as defined below), Tenant Tenant, at Tenant’s expense, shall be deemed to have accepted keep and maintain the Premises as being in good sanitary orderorder and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, condition “repairs” shall include repairs and repairany reasonably necessary replacements. Tenant shall at have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises ’s desire to the have Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the reasonable cost extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such maintenance and repairsrepair. All repairs made by Landlord or Tenant shall give utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises. If either Tenant or Landlord written notice of (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any required Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord Building and/or the Project made necessary by reason of any injury to the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or interference with Tenant's business arising from the making act of any repairsGod, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Landlord's expense under any lawTenant’s cost) without giving Tenant prior notice, statute or ordinance now or hereafter but in effectsuch case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred.

Repairs and Maintenance. By taking possession Lessor shall maintain the outside premises and keep them in good repair at his expense, including, but not limited to the exterior walks, stairways, parking lots, shrubbery, landscaping, exterior lighting, roofing and outside windows. Lessor shall also be responsible for the maintenance and repair of any major malfunctions of the Premisesmechanical, Tenant electrical, plumbing, air conditioning and heating systems and any common toilet facilities. Lessor shall be deemed to have accepted maintain the Premises as being Interior of the leased premises and keep them in good sanitary order, condition and repair. Tenant shall repair at TenantLessee's cost, keep including, but not limited to, light bulbs, fixtures, skylights, doors, carpets, etc. The failure of the Lessor to make repairs shall not affect Xxxxxx's obligation to pay the rent, provided Lessor acts in a reasonable manner to make such repairs. SECTION 8 DELIVERY, ACCEPTANCE, SURRENDER OF PREMISES AND 90-DAY NOTICE OF VACANCY Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises and every part thereof in good condition and repair except for damages from causes beyond are partially destroyed during the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination term of this Lease surrender the Premises lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, according to the Landlord in good condition, ordinary wear and tear and damage from causes beyond following. In the reasonable control event less than one (1) year is remaining on the original term of the Tenant exceptedlease, Lessor may either terminate the lease or require Lessee to sign a new lease for a new term prior to proceeding with the repairs as provided herein, at Lessor's option. Unless specifically Where more than one year remains on the original term of the lease, Lessor shall make the repairs as herein provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting rent shall be reduced proportionately in accordance with the condition amount of the premises or the building except as specifically herein set forthspace remaining available for occupancy be Lessee. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord Lessor shall not be liable for any failure other damages such as loss of business to Lessee. Written notice of the intention to Lessor to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent given to Lessee within fifteen (15) days after any partial destruction. Lessor shall have the option to make them within a reasonable time and no liability of Landlord by reason of any injury continue this lease in effect with proportional rental rebate to or interference with Tenant's business arising from Lessee as provided for herein. If the making of any repairsrepairs cannot be made in 120 days, alterations or improvements and if Lessor does not elect to any portion make them within thirty (30) days after the happening of the building or event causing the Premises or damage, either party shall have the option to fixturesterminate this lease. In the event of compete destruction to the leased premises, appurtenances and equipment therein. Tenant waives either party hereto may terminate the right lease at his option, unless it is agreed between the parties to make the necessary repairs at Landlord's expense under any lawand continue the lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall select an arbitrator and the two arbitrators selected shall together select a third arbitrator. The arbitrators shall determine the dispute, statute or ordinance now or hereafter in effectand their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between them.

Repairs and Maintenance. By taking possession Landlord’s sole obligations shall be repair, replacement and maintenance of the Premisesfoundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall be deemed perform all other maintenance and repairs necessary to have accepted maintain the Premises as being improvements in good sanitary order, a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall at also repair and be responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant's cost, keep the premises or Tenant’s employees, agents, or invitees or any breaking and every part thereof in good condition and repair except for damages from causes beyond the control entering of Tenant and ordinary wear and tear. said improvements, Tenant shall upon the expiration or sooner termination provide Landlord with immediate written notification of this Lease surrender the Premises all damage to the Landlord in good condition, ordinary wear Property. After notification and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished approval by Landlord, unless repairs shall be made promptly at Tenant’s expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such maintenance repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock, business, equipment, or fixtures by reason thereof, and repairs are caused in part or in whole by the actif Landlord makes such repairs, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord Landlord, on demand, as Additional Rent, the reasonable cost of such maintenance and repairsthereof. Tenant Tenant’s failure to pay shall give Landlord written constitute a default under this Lease. Tenant’s failure to give, or unreasonable delay in giving, notice of any required needed repairs or maintenance. Landlord defects shall not be make Tenant liable for any failure to repair loss or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs damage resulting from delay or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any needed repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Landlord's sole obligations shall be repair, replacement and maintenance of the Premisesfoundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant's expense, Tenant shall be deemed perform all other maintenance and repairs necessary to have accepted maintain the Premises as being improvements in good sanitary order, a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant's responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant's employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant's cost, keep expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the premises and every part thereof necessary repairs within thirty (30) days after the written demand by Landlord (other than in good condition and repair except for damages from causes beyond the control case of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Leaseemergency), Landlord may (but shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations not be required to) make such repairs without liability to Tenant respecting the condition of the premises for any loss or the building except as specifically herein set forth. Notwithstanding the above provisionsdamage that may accrue to Tenant's stock, business, equipment, or fixtures by reason thereof, and if Landlord shall repair and maintain the structural portions of the buildingmakes such repairs, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord Landlord, on demand, as Additional Rent, the reasonable cost of such maintenance and repairsthereof. Tenant Tenant's failure to pay shall give Landlord written constitute a default under this Lease. Tenant's failure to give, or unreasonable delay in giving, notice of any required needed repairs or maintenance. Landlord defects shall not be make Tenant liable for any failure to repair loss or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs damage resulting from delay or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any needed repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Lessor shall not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the Premisesaforesaid or, Tenant for any damage to merchandise, trade fixtures, or personal property of Lessee in the leased premises caused by water leakage from the roof, water lines, sprinklers or heating and air conditioning equipment. Lessee shall be deemed to have accepted liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain in the Premises as being leased premises in good sanitary order, condition order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the exterior and interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Tenant shall at Tenant's costLessee shall, keep the premises and every as part thereof in good condition of its maintenance and repair except obligations hereunder, enter into a service contract with a local, approved contractor for damages from causes beyond service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the control leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of Tenant such contract shall be delivered to the Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased premises, or any part thereof, in a manner reasonably satisfactory to Lessor, Lessor shall have the right, upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and ordinary wear for the account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the interior of the leased premises when necessary in order to maintain at all times a clean and tearsightly appearance. Tenant Nothing herein shall upon the expiration or sooner termination of imply any duty on Lessor to do any work which Lessor is not specifically and expressly required to perform under this Lease surrender the Premises to the Landlord in good conditionor which, ordinary wear and tear and damage from causes beyond the reasonable control under any provisions of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord Lessee may be required to perform; and, the performing thereof by Lessor shall have no obligation not constitute a waiver of Lessee's default in failing to alter, remodel, improve, repair, decorate perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from and after the date Lessee or paint its agents or contractors enter the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the leased premises or the building except as specifically herein set forthundertake activities permitted hereunder. Notwithstanding the above provisionsLessee shall indemnify Lessor against, Landlord shall repair and maintain the structural portions of the buildinghold it harmless from, including the standard plumbingany claims, air conditioningdemands, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault actions against Lessor or omission of any duty by the Tenant, its agents, employees or inviteescontractors for losses or damages incurred by Lessor or its agents, employees or contractors arising out of or in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any way connected with Lessee's failure to repair perform its obligations or to perform observe any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense covenants under any law, statute or ordinance now or hereafter in effectthis paragraph.

Repairs and Maintenance. By taking possession Lessee shall at its sole expense keep the interior of the Premises, Tenant shall be deemed to have accepted the Premises premises in as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition order and repair except for damages from causes beyond as it is at the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination commencement of this Lease surrender the Premises to the Landlord in good conditionAgreement, ordinary reasonable wear and tear and damage from causes beyond the reasonable control excepted. A walk-through of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint current Biotage space was made by representatives of Lessee and Lessor at the Premises or any part thereof commencement of the first Lease and the parties hereto affirm that Landlord has made no representations to Tenant respecting a checklist was prepared which stated the condition of all leased property. This checklist was signed by both representatives at the premises time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through of the new Biotage space will be made by representatives of Lessee and Lessor at the commencement of this Lease and a checklist prepared which states the condition of all leased property. This checklist will be signed by both representatives at the time of the walk-through. Repairs noted as required to be made will completed by Lessor. A walk-through shall be made no later than thirty (30) days prior to expiration of this Lease and any repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the Lessor. If Lessee fails to complete any such repairs by the date of the termination of the Lease the cost of performing such repairs shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the building except sole expense of Lessee and such replacement or repair shall be to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not to place sweepings, rubbish, rags, chemicals, or other items in such fixtures. Lessee agrees not to install on the property any heating unit or antenna of any kind without the consent of the Lessor. Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as specifically herein set forthbeing greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the placement or moving of any such article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and to use only waxes of a water emulsion type. Notwithstanding any of the above provisionsabove, Landlord the Lessee shall not be responsible for any repairs resulting from the negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinkler, electrical (not including lamp and maintain other light fixture replacement), the structural portions roof, the exterior of the building, including the standard plumbinggrounds, air conditioning, heating and electrical systems furnished the parking areas except for any improvements made by Landlord, unless such the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repairs are repair shall be performed at Lessor's own expense, except for (a) any damage exceeding reasonable wear and tear caused in part or in whole by the actLessee, neglect, fault or omission of and (b) any duty by the Tenant, its agents, employees or invitees, damage which in which case Tenant shall pay to Landlord the reasonable cost judgement of such maintenance and repairsthe Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Tenant shall give Landlord written notice of any Lessor shall, at its sole expense, have the sprinkler system tested annually as required repairs or maintenancefor Lessor's insurance policy. Landlord Lessor shall not be liable to Lessee, its employees, agents or invitees for any failure to repair damage or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to persons or interference with Tenant's property or for any loss or interruption of business arising sustained by Lessee resulting from any occurrence or condition in or upon the making of any repairsleased Premises, alterations or improvements to any portion of the building or the Premises land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or to fixturesinterruption was caused by the negligence or willful misconduct of Lessor, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute its agents or ordinance now or hereafter in effectemployees.

Repairs and Maintenance. By taking possession (A) LANDLORD shall not have any obligation to make any repairs or alterations to the PREMISES or any part thereof, except as otherwise expressly provided in this Lease. Throughout the TERM and any EXTENSION PERIODS, TENANT covenants and agrees to maintain the PREMISES and all additions and improvements made upon them in such repair, order and condition as the same are in at the commencement of said term or may be put in by LANDLORD or TENANT during the Premisescontinuance thereof, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary reasonable wear and tear, damage by fire or any other casualty, taking by eminent domain, and items which LANDLORD is expressly obligated to repair only excepted. Tenant shall upon Without limiting the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control generality of the Tenant excepted. Unless specifically provided in an addendum foregoing, TENANT's responsibilities shall include providing regular maintenance and repairs to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbingall heating, air conditioning, heating hot water and electrical systems furnished by Landlord, unless such maintenance other equipment serving the PREMISES as well as providing janitorial and repairs are cleaning services and repairing any damage to the PREMISES not caused in part or in whole by due to the act, neglectnegligence, fault or omission misconduct of LANDLORD. TENANT shall not permit or commit any duty waste. If repairs are required to be made by TENANT pursuant to the Tenantterms hereof, its agentsLANDLORD may demand that TENANT make the same forthwith, employees and if TENANT refuses or invitees, in which case Tenant shall pay neglects to Landlord the reasonable cost of commence such maintenance and repairs. Tenant shall give Landlord repairs within 30 days after written notice of any required repairs or maintenance. Landlord and to complete the same within reasonable dispatch after such demand, LANDLORD may (but shall not be liable required to) make or cause such repairs to be made. If LANDLORD makes or causes such repairs to be made, TENANT agrees that TENANT shall forthwith, within 30 days of written demand, which demand shall include invoices or other reasonable evidence of such sums expended by LANDLORD, pay to LANDLORD the cost thereof, and if TENANT shall default in such payment, LANDLORD shall have the remedies provided for any failure to repair the nonpayment or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs rent or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectother charges hereunder.

Repairs and Maintenance. By taking possession During the term of this Lease, Lessor, at its expense, shall be responsible for maintaining and keeping in good repair the exterior and structural parts of the building and the paved parking areas and driveway on the Leased Premises. Lessor will also provide landscaping for the Leased Premises and will maintain in good repair the lawn and all landscaped areas of the Leased Premises. Lessor will make or cause any necessary repairs or maintenance to be made or performed as soon as is reasonably possible after having been notified by Lessee that such repairs or maintenance are necessary, Tenant unless the need for such repairs or maintenance are a result of Lessee’s negligence in which case, the repairs or maintenance shall be deemed to have accepted Lessee’s obligation and responsibility. During the Premises as being term of this Lease, Lessee, at its expense, will maintain and keep in good sanitary orderrepair the interior of the Leased Premises including, condition but not limited to, all equipment, air conditioning, heating, plumbing, and repairelectrical equipment and machinery on or in the Leased Premises. Tenant shall at Tenant's cost, keep Lessee further agrees to enter into and maintain in effect during the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination term of this Lease surrender a service and maintenance contract with a licensed HVAC contractor acceptable to Lessor providing for periodic inspection, maintenance and service of the heating and air conditioning equipment in the Leased Premises. Upon request by Lessor, Lessee agrees to furnish to Lessor a copy of its service and maintenance contract for the HVAC equipment. Lessee further agrees to keep the exterior of the Leased Premises as well as the parking and driveway areas in a neat and orderly manner, free and clear of all trash and debris. Lessee shall also be responsible for providing any trash or waste receptacles and for the regular removal and disposal of any such trash or waste. Provided, however, that Lessee shall not be responsible for any repairs and shall not be required to reimburse Lessor for or pay the cost of repairs to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Leased Premises or any part thereof or to fixtures of the building occasioned by or resulting from fire, other casualties or acts of God. Subject to the respective obligations of the Lessor and the parties hereto affirm that Landlord has made no representations Lessee to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions Leased Premises and improvements located thereon as herein expressly provided, Lessee will deliver up the Leased Premises at the end of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion term of the building Lease or the Premises any extension hereof in good condition, reasonable wear and tear, damage by fire, other casualty or to fixtures, appurtenances casualties and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectacts of God excepted.

Repairs and Maintenance. By taking possession The University shall maintain the Apartment (including the electrical, plumbing, sanitary, and heating systems) in reasonable repair, except when damage has been caused by the misconduct or the negligent act or omission of the PremisesLeaseholder or of any Occupant or Guest. The University shall maintain the Apartment in compliance with applicable health and safety laws, Tenant shall be deemed to have accepted except when a health or safety violation has been caused by the Premises as being in good sanitary order, condition misconduct or the negligent act or omission of the Leaseholder or of any Occupant or Guest. The University will maintain all lawns. Each Leaseholder is responsible for the removal of snow from around their individual apartment doors and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises on sidewalks leading to the Landlord main sidewalk. The University will remove snow from all University streets and sidewalks which run parallel to University streets. Light fixtures provided by the University will have operating light bulbs on the Lease Occupancy Date. It is the Leaseholder's responsibility to replace all burnt out light bulbs in good condition, ordinary wear and tear and damage from causes beyond the reasonable control Apartment with bulbs of the Tenant exceptedsame type and wattage, excluding those which are fluorescent bulbs or part of University-owned appliances. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such Routine maintenance and repairs are caused in part or in whole will be completed during normal business hours. Emergency repairs, as determined by Facilities and/or Housing personnel, will be completed as soon as possible. The request for maintenance serves as authorization to enter the act, neglect, fault or omission Apartment and complete requested work. Leaseholder shall promptly notify the University of any duty by the Tenant(a) malfunctioning or inoperable security, its agentsalarm or detection devices, employees (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or inviteeswater leaks, in which case Tenant shall pay (c) broken or missing locks, latches, or screens, (d) electrical problems, (e) malfunctioning appliances, and (f) any other condition that poses a hazard to Landlord the property, health, or safety. The University will act with customary and reasonable cost of such maintenance and diligence to make necessary repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure The University may turn off equipment and interrupt utilities if reasonably necessary to repair avoid property damage or to perform work. The University's duty of maintaining the premises is not breached should any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any delay in performing repairs, alterations interruption, breakdown or improvements disrepair be due not to any portion the University's negligence; but to conditions beyond its control, including, but not limited to, interference by Xxxxxxxxxxx with the University's ability to take corrective action, lack of the building reasonable opportunity to correct such condition, disaster or other acts of nature, or the Premises University's lack of knowledge of such conditions. The Leaseholder is responsible for payment of all repair and cleaning charges made necessary by negligence or carelessness. Repair and cleaning charges will be billed to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectLeaseholder’s University account.

Repairs and Maintenance. By taking possession a) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior of the Leased Premises during the term of the Lease, and further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the interior of the Leased Premises unless specifically provided for herein or unless such repairs or maintenance are necessitated by the negligent acts of Lessor. The Lessee covenants and agrees that it shall be responsible for janitorial service and window cleaning to the Leased Premises of such frequency as may be required to maintain the interior of the Leased Premises and the interior and exterior glass in a neat and clean condition. Lessee shall be responsible for maintenance and repair of non-structural interior walls, plate glass (including display windows), ceiling, and any trade fixtures or other personal property, Interior Improvements (as defined in paragraph (22) below) mechanical equipment which Lessee installs or, has as part of the final finish, placed in the Leased Premises. Lessee, Tenant if not in default under this Lease, may upon termination hereof remove all of Lessee's trade fixtures, personal property and equipment from the Leased Premises provided that Lessee repairs any damage caused by such removal and restores the Leased Premises to the condition existing as of the date said items were installed in the Leased Premises. Upon termination of this Lease for any reason, Lessee shall not remove any Interior Improvements, as that term is defined in paragraph (22) below. All such Interior Improvements shall remain to and for the benefit of the Lessor, and Lessor shall be deemed to have accepted own said Interior Improvements free and clear of all liens and encumbrances effective on the Premises as being in good sanitary order, condition and repairdate this Lease terminates. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall Failure to remove any property which Lessee is obligated or entitled to remove upon the expiration termination hereof on or sooner before thirty (30) days after termination of this Lease surrender the Premises shall be conclusive evidence of abandonment of said property by Lessee and title to the Landlord same shall immediately vest in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectLessor.

Repairs and Maintenance. By taking possession Landlord does not warrant either expressly or impliedly the condition or fitness of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthforth herein. Notwithstanding the above provisions, Landlord shall maintain, repair and maintain replace, if necessary, the structural portions of the buildingroof and the exterior walls of the Premises, including as well as all common areas of the Property and all building standard plumbingelectrical, air conditioningmechanical and plumbing systems servicing the Premises, heating as more fully set forth herein; however, the costs and electrical systems furnished expenses thereof shall be subject to recapture as an Operating Expense pursuant to Section 4(b). Notwithstanding the aforesaid, in the event any such maintenance or repairs are caused by the negligence of Tenant or Tenant’s employees, agents, invitees or contractors, Tenant shall reimburse to Landlord, unless as Additional Rent, the cost of all such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission within fifteen (15) days after receipt of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsLandlord’s statement. Tenant shall give have the affirmative duty to periodically inspect the Premises, and to notify Landlord written notice of the need for any required repairs which are the obligation of Landlord hereunder. Upon receipt of Tenant’s notice, Landlord shall have a reasonable period of time to make such repairs or maintenance. ; however, it is expressly understood and agreed that Landlord shall not be liable for any failure property damage sustained by Tenant, or anyone claiming under Tenant, due to Landlord’s inability, delay or negligence in making such repairs, and Landlord’s liability with respect to such repairs or maintenance shall be limited to the cost of such repairs or maintenance. Tenant, at Tenant’s sole cost and expense, shall clean, maintain, preserve, repair and replace, as necessary, all portions of the Premises which are not expressly the responsibility of Landlord including, but not limited to, all wall coverings, floor coverings, window treatments and any other interior finish installed by or for the benefit of Tenant; all electrical, mechanical and plumbing systems and fixtures servicing the Premises which are custom or above building standard; all signs, locks, alarms, security devices, telecommunications equipment, doors, hardware, all plate and other glass, and all of Tenant’s personal property and fixtures (including any interior finish constructed by Landlord or Tenant within the Premises). In the event Tenant should fail to perform any maintenance unless or repairs required of Tenant under this Lease in a prompt and good workmanlike manner after Landlord’s written demand, Landlord shall have the right, but not the obligation, to perform such failure maintenance and repairs, whereupon Tenant shall persist for an unreasonable time pay to Landlord, as Additional Rent, all such maintenance and repair costs, plus ten percent (10%), within fifteen (15) days after written noticereceipt of Landlord’s statement. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility All maintenance, repair, and replacement obligations of Tenant. Except as specifically herein set forth, there Tenant under this Section shall be no abatement deemed improvements to the Premises and shall be performed by Tenant pursuant to and in accordance with the terms and conditions under Section 9 of rent this Lease. All materials utilized by Tenant in any maintenance, repairs, construction or replacements under this Lease shall be pre-approved by Landlord, meet minimum municipal code requirements, and no liability be of a quality at least as good as the quality of the materials in place within the Premises, as reasonably determined by Landlord (“Approved Materials”). AH contractors performing any construction, services or other work within the Premises for or on behalf of Tenant shall be pre-approved by reason Landlord (“Approved Contractors”). Landlord’s approval may include, without limitation, the use of union tradesmen and laborers; and in all events, as a prerequisite of any injury to or interference approval, Tenant shall provide Landlord with Tenant's business arising from the making certificates of any repairsinsurance of all contractors in a form and content, alterations or improvements to any portion of the building or the Premises or to fixturesand with such companies as Landlord may reasonably approve, appurtenances naming both Landlord and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect’s managing agent (if any) as additional insureds.

Repairs and Maintenance. By taking possession (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the interior, nonstructural portions of the Premises in good order and condition including promptly making all repairs necessary to keep and maintain such in good order and condition (other than ordinary wear and tear, provided “ordinary wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of its obligations under this Lease) (except to the extent such maintenance, repair or replacement is required as a result of the negligence of Landlord or Landlord’s contractors, employees or agents, in which event it shall be the obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. For purposes of this Section, “nonstructural portions of the Premises, Tenant ” shall be deemed to have accepted exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises as being in good sanitary order, condition (except for the Tenant’s Supplemental HVAC and repairPremises Hot Water Heaters). Tenant shall at have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises ’s desire to the have Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepairs, in which case Tenant shall pay to Landlord the reasonable cost of for such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s then-standard rate (such rate to be competitive with the market rate for such services). To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s reasonable expense, and Tenant shall pay to Landlord such expense under any lawalong with the Administrative Fee. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, statute or ordinance now or hereafter number, and usefulness to those originally used in effect.constructing the Building and the Premises. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “

Repairs and Maintenance. By taking possession LANDLORD shall keep and maintain the exterior walls (exclusive of doors and windows of the Premisesleased premises), Tenant the main sewer and water lines in the event of sewer collapse or other failure (excluding roto-rooter of backed up toilets). Provided, however, it shall be deemed the duty of the Tenant, not Landlord, to have accepted make all repairs and replacements required because of negligence of Tenant or agents or employees. TENANT shall keep and maintain the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the leased premises and every part thereof the roof, heating, plumbing, electrical, air conditioning, and other mechanical systems in good condition and repair except for damages from causes beyond and shall replace all broken glass in the control leased premises with glass of Tenant the same kind and ordinary wear and tearquality as that broken. Tenant shall upon keep the expiration leased premises under Tenant’s control free from filth, nuisance, or sooner termination danger of this Lease surrender fire, and in all respects and at all times shall comply with the Premises health and police regulations and ordinances and all other laws now in force or which may hereafter be enacted by the City of Junction City, the State of Kansas, or the Federal Government. Tenant will not do, allow or permit (i) anything to be done or kept in the leased premises which will cause the cancellation of any insurance maintained by the Landlord on the building in which the leased premises are located, (ii) any disturbance of the peace or loud or boisterous conduct in or about the premises, or (iii) the overloading of floors, walls, plumbing, sewer, water, electrical, or heating systems. ADDITIONS OR CHANGES TO LEASED PREMISES NO additions, alterations, changes or improvements shall be made to leased premises by Tenant without the written consent of the Landlord. All additions, alterations, changes and improvements made to the Landlord in good condition, ordinary wear and tear and damage from causes beyond Leased Premises by Tenant which become fixtures to the reasonable control premises shall become the property of the Tenant exceptedLandlord. Unless specifically provided in an addendum to this LeaseAny addition, Landlord alteration, change or improvement which is not a fixture shall have no obligation to alter, remodel, improve, repair, decorate or paint remain the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition property of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession of the Premises(a) Except as hereinafter expressly provided in this paragraph 8(a), Tenant shall be deemed to have accepted at its own cost and expense keep and maintain all parts of the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary (reasonable wear and tear and casualty damage from causes beyond excepted), promptly making all necessary repairs and replacements, interior and exterior, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the reasonable control parking areas, driveways, alleys and the whole of the Tenant exceptedPremises in a clean and sanitary condition. Unless specifically provided in an addendum to this LeaseLandlord shall, Landlord shall have no obligation to alterat its own cost and expense, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair keep and maintain the roof, foundation and structural portions of the building, including Building in good condition (except in the standard plumbing, air conditioning, heating and electrical systems furnished event of casualty or other damage contemplated by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsparagraph 15 hereof). Tenant shall give Landlord immediate written notice to Landlord of any required repairs or maintenancethe need for repairs, and Landlord shall proceed within a reasonable time AMENDMENT TO INDUSTRIAL Initial: after receiving such notice to make such repairs. Landlord’s liability hereunder shall be limited to the cost of such repairs, and Landlord shall not be liable for consequential damages. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation or other structural portions of the Premises. Tenant’s maintenance obligations shall include any failure rail spur areas and any spur track serving the Premises if Tenant, at any time during the Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance be maintained by Landlord pursuant to supplemental cooling equipment required for Tenant's special needs are the responsibility provisions of Tenant. Except as specifically herein set forththis Lease, there except that Tenant shall be no abatement of rent and no liability of Landlord by reason of any injury obligated to repair all wind damage to glass except with respect to tornado or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effecthurricane damage.

Repairs and Maintenance. By taking possession Tenant shall maintain at all times during the Term the Premises and all portions and components of the Premisesimprovements and systems contained therein in a first-class, Tenant shall be deemed to have accepted the Premises as being in good sanitary ordergood, condition clean, safe, and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good operable condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for permit or allow to remain any failure to repair waste or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements damage to any portion of the building Premises. Tenant shall repair or replace, as needed, subject to Landlord's direction and supervision, any damage to the Building or the Project caused by Tenant or any Tenant Party. If any such damage occurs outside of the Premises or relates to fixturesany Building system, appurtenances or if Tenant fails to perform Tenant's obligations under this Paragraph 7.2 or under any other paragraph of this Lease within ten (10) days' after written notice from Landlord (except in the case of an emergency, in which case no notice shall be required), then Landlord may elect to perform such obligations and repair such damage itself at Tenant's expense. The cost of all repair or replacement work performed by Landlord under this Paragraph 7.2, plus an administrative charge of fifteen percent (15%) of such cost, shall be paid by Tenant to Landlord within ten (10) days of receipt of Landlord's invoice therefor as Additional Rent. Tenant hereby waives all common law and statutory rights or provisions inconsistent herewith, whether now or hereinafter in effect (including, without limitation, Sections 1941, 1941.1, and 1941.2 of the California Civil Code, as amended from time to time). Landlord shall use reasonable efforts to maintain the common areas of the Project at all times during the Term with the cost thereof constituting an Operating Expense under Paragraph 3.2. Tenant shall, at Tenant's own expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment thereinwithin or serving the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date, Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant waives or perform the right to make repairs at work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's expense under any law, statute or ordinance now or hereafter in effectoverhead.

Repairs and Maintenance. By taking possession Landlord shall, at its sole cost and expense, be responsible for the maintenance of the Premisescomplete roofing system (including repair of leaks), building structure, including but not limited to extension walls, load bearing columns, foundation and floor slab. In addition, Landlord shall be directly responsible for maintenance of the exterior grounds including without limitation, landscaping and snow removal. Notwithstanding such obligation, Tenant shall be deemed solely responsible for repairing any damage to have accepted the Premises which is caused by any negligent act or intentional act or omission of Tenant, Tenant’s agents, employees, or invitees. Except for those obligations specifically set forth as being Landlord obligations in this Section, Tenant shall be responsible for and shall take good care of the Premises and the fixtures in the Premises and shall keep the Premises in good sanitary order, condition condition, and repairrepair at the Tenant's expense during the Term, including the replacement of all interior broken glass broken by the Tenant with glass of the same size and quality. Tenant’s obligation shall include the routine maintenance of HVAC and other mechanical systems serving the Premises, the interior surface of exterior walls, windows, doors, or plate glass. Tenant’s HVAC maintenance shall be limited to routine maintenance, filter replacement, and annual service inspections only. Any capital replacement (including replacement of an HVAC system) shall be the Landlord’s responsibility. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall at Tenantpromptly pay the Landlord for the cost thereof as additional rent. On the expiration of the Term or on earlier termination or cancellation of this Agreement, the Tenant shall surrender the Premises and the Landlord's cost, keep the premises and every part thereof fixtures in as good condition and repair except for damages from causes beyond as of the control time of Tenant and ordinary delivery to the Tenant, subject to reasonable wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender All injury to the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control or fixtures caused by moving of the Tenant excepted. Unless specifically provided in an addendum and out of the Premises caused by the Tenant and any damage done by water, steam, electricity, fire or other substances to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are fixtures caused in part or in whole by the act, neglect, fault or omission Tenant may be repaired by the Landlord at the expense of any duty by the Tenant, its agents, employees or invitees, in which case and the cost thereof shall become immediately due and payable by the Tenant shall pay to Landlord as additional rent upon the reasonable cost delivery of a statement of such maintenance and repairs. costs by the Landlord to the Tenant, or mailing the same, postage prepaid, to the Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectits last known address.

Repairs and Maintenance. By 13.1 Tenant agrees at all times, from and after Tenant taking possession of the PremisesPremises pursuant to the provisions of Paragraph 2.1, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's costown cost and expense, keep to repair, replace and maintain in good and tenantable condition the premises Premises and every part thereof in good condition and repair (except for damages from causes beyond the control that portion of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to be maintained by Landlord as hereinafter provided), and including without limitation all such items of repair, maintenance, alteration and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. All glass, both exterior and interior, is the Landlord in good conditionsole risk of Tenant, ordinary wear and tear and damage from causes beyond the reasonable control any glass broken shall be promptly replaced by Tenant with glass of the Tenant exceptedsame kind, size and quality. Unless specifically provided in an addendum Subject to this Leasethe foregoing provisions hereof, Landlord shall have no obligation to alter, remodel, improve, keep and maintain in good and tenantable condition and repair, decorate or paint the roof, exterior walls, structural parts of the Premises or any part thereof and structural floor, pipes and conduits outside the parties hereto affirm Premises for the furnishing to the Premises of various utilities (except to the extent that Landlord has made no representations to Tenant respecting the condition same are the obligation of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionsappropriate public utility company); provided, Landlord shall repair and maintain the structural portions of the buildinghowever, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. that Landlord shall not be liable for any failure required to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any make repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord necessitated by reason of the negligence of Tenant or anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any injury covenants, conditions or agreements in this Lease contained, or caused by any alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Anything to or interference with the contrary contained in this Lease notwithstanding, Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of Landlord unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's business arising from the making of written notification. It is understood and agreed that Landlord shall be under no obligation to make any repairs, alterations alterations, renewals, replacements or improvements to any portion of the building or and upon the Premises or the mechanical equipment exclusively serving the Premises at any time except as in this Lease expressly provided. As used in this Section 13 the expression "exterior walls" shall not be deemed to fixturesinclude plate glass, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any lawwindow cases or window frames, statute doors or ordinance now door frames, security grilles or hereafter in effectsimilar enclosures.

Repairs and Maintenance. By taking possession 7.1 Tenant shall generally monitor, maintain and repair the Leased Premises, in a good and workmanlike manner, and shall, at the expiration of the Premisesterm, Tenant shall be deemed to have accepted deliver the Leased Premises as being in good sanitary orderorder and condition, condition and repair. Tenant shall at damages by fire or casualty, the elements, condemnation, repairs that are not Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant ’s responsibility hereunder and ordinary wear and teartear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises maintain and make all repairs to the Landlord in good conditionfloor surface, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating plumbing and electrical systems furnished by Landlordincluding all ballasts and fluorescent fixtures located within and exclusively serving the Leased Premises. Landlord shall be responsible for repairs necessary to the Building structure, unless such roof, exterior windows, doors and load-bearing walls, and electric and plumbing and other Building systems to the point where they enter the Leased Premises, and the maintenance of the HVAC systems located in the common mechanical room and on the roof along with the other mechanical systems located in the common mechanical room provided, however, that Landlord shall not be required to make, and Tenant shall be responsible for, any repairs are caused in part or in whole occasioned by the act, neglect, fault acts or omission omissions of any duty by the Tenant, its agents, employees employees, contractors or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssubcontractors. Tenant shall give promptly report in writing to Landlord any defective condition which Landlord is required to repair, and Landlord’s obligation to repair, except as to routine maintenance, is conditioned upon receipt by Landlord of such prior written notice. Landlord’s obligation to repair is also conditioned, at Landlord’s option, upon Tenant not then being in default under this Lease after notice and expiration of any required repairs or maintenancethe applicable cure period. Landlord shall not have no other maintenance or repair obligations whatsoever with respect to the Leased Premises except that Landlord shall perform and construct any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or its agents, employees or contractors, (b) for which Landlord has a warranty, or (c) which could be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenanttreated as a “capital expenditure” under generally accepted accounting principles. Except for the foregoing, Tenant shall keep and maintain in good order, condition and repair the Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, interior windows and window frames, all wall and floor coverings, all building systems and components thereof which exclusively service the Leased Premises including, without limitation, mechanical, plumbing, electrical, all lighting fixtures and all bathrooms within the Leased Premises, and alterations, additions or improvements (“Alterations”) made by or on behalf of Tenant and shall make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the Leased Premises. The term “repair” as specifically herein set forth, there used in this Section shall be no abatement include replacements when necessary. Landlord agrees to maintain the Leased Premises at a minimum temperature of rent 45 degrees to prevent the freezing of domestic water and sprinkler pipes and no liability of higher than 78 degrees to prevent humidity, mold and mildew. Landlord by reason of any injury to or interference with will provide Tenant's business arising from ’s desired comfortable office temperature so long as the making of any repairs, alterations or improvements to any portion of same is within the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effecttemperature range set forth above.

Repairs and Maintenance. By taking possession Landlord will maintain the roof of the PremisesBuilding, Tenant shall be deemed to have accepted the Building structure, mechanical systems (including, without limitation, the HVAC systems) and electrical wiring, plumbing, sewage or other pipes or conduit serving the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender agrees to maintain the Premises to the Landlord in good a clean, safe, and operable condition, ordinary wear and tear and will not permit or allow to remain any waste or damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building Premises. Subject to the waiver of subrogation set forth in Section 9.2 hereinbelow, Tenant agrees to pay for the cost of repairing or replacing, subject to Landlord’s direction and supervision, any damage to the Premises and the Building caused by Tenant, Tenant’s employees, Tenant’s transferees, or to fixturestheir respective agents, appurtenances and equipment thereincontractors, or invitees. If Tenant waives the right fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage, then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all repair or replacement work performed by Landlord under this Section 6.2 must be paid by Tenant to Landlord, together with a supervisory and administrative fee equal to ten percent (10%) of the cost of the repair or replacement work performed by Landlord, within ten (10) days after Landlord has invoiced Tenant for such cost and will constitute Rent under this Lease. Landlord represents that the Building was built in conformance with all applicable fire, safety and building codes as well as the Illinois Accessibility Act. If at anytime during the Lease Term (or any extension or renewal thereof), any governmental authority requires alterations to the Premises in order to comply with the Americans With Disabilities Act of 1990, as amended (the “ADA”), Landlord shall be solely responsible, at Landlord's expense under any law’s sole cost and expense, statute or ordinance now or hereafter in effectfor bringing the Premises into compliance with the ADA.

Repairs and Maintenance. By taking possession If you see a leaking tap, damage or any other problem on the allotment site, please report it to the Clerk (01525 717791). BURNING RUBBISH Although bonfires are not illegal, they may create a `statutory nuisance' under the Environmental Protection Act 1990. Therefore please ensure that if you should burn rubbish, the wind is in the right direction so that the smoke does not inconvenience neighbours. RIGHT OF ENTRY Councillors and others employed by the Council have the right to enter the allotment site to inspect and carry out maintenance work etc without notice. The allotments may be inspected to ensure that the terms of the Premisestenancy agreement are being adhered to. There are no rights of way through the allotment site, however, the Council currently allows members of the public to use a permissive path through the allotment site. PLOT SHARING Plots and half plots can be rented by one person and will be in that person's name. Sub-letting is not allowed and there should be no formal agreements to share plots. GIVING UP YOUR PLOT If you decide that you no longer want your plot, you need to inform the Clerk in writing, giving as much notice as possible even if it is a few months away. We will note the date you wish to finish and your agreement will end on the on that date,. The Parish Council will make every effort to have your plot taken over as soon as possible so that it does not become overgrown. However, the Parish Council is unable to refund any rent for the remainder of the year. CARING FOR YOUR ALLOTMENT The main requirement of your agreement is to keep your plot tidy by removing rubbish and weeding regularly so that weed seeds do not cause a problem to other gardeners. If you are not cultivating all of your plot, you can strim/mow the uncultivated area or cover part of it with polythene sheeting or old hessian backed carpet to keep the weeds down. You are required to maintain the inside of the xxxxxx adjacent to your plot unless your agreement specifies otherwise, Should your plot become overgrown, you will be asked to take action to rectify the problem within 2 weeks. If the work is not carried out, the Council will do the work and bill the Tenant accordingly. SHEDS AND GREENHOUSES Written permission, including details and positioning for a shed (maximum 7' x 5' base dimensions) must be obtained from the Clerk. Greenhouses (Perspex or PVC. Maximum 7' x 5') also require written permission and both should be placed within the plot and boundary. The shed/greenhouse must be maintained in good order at all times. NB It is not permissible to have a full sized shed and greenhouse on a half or smaller plot and compromise should be sought from the Clerk. The Tenant shall be deemed responsible for the shed/greenhouse for which its maintenance would be at his own risk, cost and liability, with no responsibility whatsoever to have accepted the Premises as being in good sanitary order, condition and repairParish Council. Tenant shall at It is the Tenant's costresponsibility to arrange for the removal of his shed/greenhouse before the date of vacation. DISPOSAL OF YOUR RUBBISH You must make your own arrangements to dispose of your rubbish. Green waste can be made into compost but other waste, keep the premises and every part thereof in good condition and repair except which is not suitable for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good conditionburning, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not must be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising removed from the site. The nearest household waste site is the Tidy Tip at Ampthill. BRINGING COMPOST / MANURE ON TO THE SITE Gardeners may bring green waste such as grass and hedge clippings on to their plot for making of any repairs, alterations or improvements into compost for their own use and arrange for manure to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectbe delivered.

Repairs and Maintenance. By taking possession 15.01 Tenant shall take good care of the Demised Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall promptly, at its sole cost and expense, make all nonstructural repairs to the Demised Premises and the fixtures, equipment and appurtenances therein, including all Building systems and equipment therein to the extent same exclusively serve the Demised Premises or which have been installed or materially modified in any way by or on behalf of Tenant's cost, keep as and when needed to preserve the premises Demised Premises (and every part thereof all such fixtures, equipment and appurtenances) in good condition working order and repair condition, except for damages from causes beyond the control of Tenant and ordinary reasonable wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises In addition, but subject to the Landlord in good conditionprovisions of Section 11.03 above, Tenant, at its expense, shall promptly make all repairs, ordinary wear or extraordinary, interior or exterior, structural or otherwise, in and tear about the Demised Premises and damage from causes beyond the reasonable control Building, as shall be required by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, (iv) the negligence or willful act of Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and of its employees, agents or contractors or (v) the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition use of any portion of the premises or the building except as specifically herein set forthDemised Premises for a use that is not permitted under this lease. Notwithstanding the above provisionsforegoing, Landlord shall repair and maintain to the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case extent that Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or is obligated to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any structural repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Demised Premises or other portion of the Building (including the Terrace Area (as defined in Article 41 below) or is obligated to fixturesperform any repairs outside of the Demised Premises, appurtenances Landlord, at its election, may perform such repairs on Tenant's behalf, in which event, Tenant shall reimburse Landlord for the actual costs paid or incurred by Landlord to perform such repairs within fifteen (15) days after Landlord's request therefor, which request shall be accompanied by a reasonably detailed description of the repairs in question and equipment the costs thereof. Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, but subject to the provisions of Section 11.03 above and Landlord's obligation to perform the Window Work, Tenant, at its expense, shall replace all materially damaged glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs made by Tenant waives the shall be made in accordance with Article 13 of this lease, as if such repairs were a Change, subject to Landlord's right to make such repairs at Landlord's expense under any lawon behalf of Tenant, statute or ordinance now or hereafter in effectas more particularly provided above.

Repairs and Maintenance. By taking possession of the Premises, Tenant Lessor shall keep or cause to be deemed to have accepted the Premises as being kept in good sanitary order, operating order and condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary (reasonable wear and tear excepted) and, in a reasonable and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Leasetimely manner, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the buildingLeased Premises, including but not limited to, the standard basic plumbing, heating, ventilating, air conditioning, heating roofing systems, and electrical systems installed or furnished by LandlordLessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by the TenantLessee, its agents, servants, employees or invitees, in which case Tenant Lessee shall pay to Landlord Lessor, in addition to the amounts due hereunder, the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord Lessor shall not be liable for any failure to repair make any such repairs or to perform any maintenance unless such failure shall persist for ten (10) working days, or an unreasonable time given the circumstances, after Xxxxxx gives written notice. Any notice of the need of such repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenantmaintenance. Except as specifically herein set forth, there There shall be no abatement of rent the amounts due hereunder and no liability of Landlord Lessor by reason of any injury to or interference with Tenant's business Xxxxxx’s operations arising from the making of any repairs, alterations or improvements in or to any portion of the building Leased Premises, or the Premises in or to fixtures, appurtenances and equipment therein, unless Lessor determines in its reasonable discretion that the Leased Premises are not habitable or useable for the Permitted Use. Tenant In the event Lessor declares that the Leased Premises are not useable, in its reasonable discretion and in consultation with Lessee, Lessor shall first have the right to provide alternative space substantially comparable, as determined in the Lessor’s reasonable discretion, to the Leased Premises (the “Alternative Space”). Should Alternative Space be offered to the Lessee, there shall be no abatement of the amounts due hereunder. If Xxxxxx declares that the Leased Premises are not useable and does not offer Lessee Alternative Space, the amounts due hereunder shall be abated based on the number of days that Lessor determines in its reasonable discretion the Leased Premises are not useable for the Permitted Use. Lessee waives the right to make repairs at Landlord's Lessor’s expense under any law, statute or ordinance now or hereafter in effect. Lessee shall bear the costs of all maintenance and repairs which are uniquely attributed to its use of the Leased Premises, including but not limited to any repairs or services by the Lessor’s Physical Plant Department beyond what is customary for Physical Plant to provide, as determined by Lessor, and any repairs, maintenance, consulting services or monitoring of the Leased Premises necessary to maintain GMP status or required for the Permitted Use by Lessee (“Specialized Maintenance”) provided by Lessor or by third parties at Lessor’s request. Lessee shall work with Lessor to secure services contracts for all Specialized Maintenance, in full observance of the Lessor’s procurement policies and rules. The parties acknowledge that this Agreement shall supersede in its entirety that certain Service Level Agreement by and between the University of Louisville Physical Plant Department, Lessee, and the Institute for Cellular Therapeutics, dated January 1, 2015. So long as Lessee pays the prescribed rent and costs of Specialized Maintenance, and performs or observes all of the terms, conditions, covenants, and obligations of this Agreement required to be performed or observed by it hereunder, Lessee shall, at all times during the Term hereof, have the peaceable, quiet and effective enjoyment, possession, occupancy, and use of the Leased Premises and the associated Common Areas without any unreasonable interference from Lessor; provided, however, Lessor shall have the right to enter the Leased Premises in accordance with Section 12 of this Agreement.

Repairs and Maintenance. By taking possession Tenant will be obligated to maintain the Leased Premises in perfect maintenance and repair condition. Tenant undertakes to order at its own expense all repairs and maintenance work in the Leased Premises, including those due to old age, unless Tenant can demonstrate that these are major repairs in the literal and limited sense of Article 606 of the PremisesCivil Code, in which case such repairs will be paid by Landlord. The expenses of a possible expert investigation will be paid by Tenant. In particular, Tenant shall be deemed will replace, at its expense, all broken or cracked glass panes for any reason whatsoever, the repair of which is not paid by the insurers of the building. If the repairs are paid by the insurers of the building Tenant will participate up to have accepted the Premises as being deductible specified in good sanitary order, condition and repairthe insurance policy of the building. Tenant shall at Tenant's costwill repair and if needed replace the closing systems of the doors and windows, keep the premises hinges, handles, and every part thereof faucets and toilets that are deteriorated for any reason whatsoever, regardless of the nature of the damage or defect. Tenant will maintain in good condition the internal paint and repair except will preserve the water pipes, radiators and toilets from freezing. It will regularly clean the glass panes so as to always maintain them clean and will assure the maintenance of the frames. Tenant will refrain from using the water pipes as grounding and making bypasses in the electrical conduits and cutting electric wires. The length of the standby wires must be at least thirty centimeters. Landlord may ask Tenant, by registered letter, to do the repairs under the responsibility of Tenant and complete them within two months from the date of the registered letter. Should Tenant not meet this requirement, Landlord reserves the right to cause such work to be done by a contractor of its choice at the exclusive expense of Tenant. In such case. Tenant undertakes to reimburse the full cost of the work without prejudice for damages all damage for which Tenant will be held responsible due to the degradation or depreciation of the Leased Premises. Only major repairs, as defined in the second paragraph of this article, will be borne by Landlord, and Tenant will promptly report to Landlord, by registered letter, all major repairs for which Landlord is responsible. Failing to notify Landlord in a timely fashion will cause Tenant to be held responsible for the resulting damage and any harmful consequences, and Landlord will not under any circumstances be liable in the absence of such notification. Tenant will suffer without compensation or reduction in rent the execution of all repairs, modifications or improvements which Landlord may deem necessary or appropriate during the term of this contract, regardless of the duration of this work, even if it lasts more than forty (40) days. Tenant agrees to bear in the same manner, the work to be performed on public roads or in nearby buildings, even though it would be a hindrance to the enjoyment of the Leased Premises, unless it exercises personally a recourse against the administration, the contractor of the work or the neighboring owners, without Landlord ever being pursued or bothered in this regard. Tenant may not claim any compensation or reduction in rent in the event of inconvenience, damage, interruption or temporary suspension of general services of the building resulting from repairs, alterations or improvements, or events due to causes beyond the control of Tenant Landlord. In particular, Landlord will not be, in any case, liable for inconvenience and ordinary wear damage resulting from the interruption of the operation of one or other facilities for collective or private use existing in the building or the Leased Premises, regardless of their duration and tearcause. Tenant shall upon the expiration must allow access to Landlord or sooner termination of this Lease surrender the Premises to the any other person designated by Landlord in good condition, ordinary wear order to conduct inspections and tear repairs and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting check the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished in general by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written giving notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord at least 24 hours sent by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectfax.

Repairs and Maintenance. By taking possession Tenant will, at Tenant’s sole cost and expense, keep the Demised Premises in good repair and tenantable condition during the term of this Lease. The repair and maintenance of the whole of the Demised Premises, including without limitation, the nonstructural interior portions of the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and air conditioning systems, shall be the sold responsibility of Tenant at Tenant’s expense. Tenant will, at the termination of this Lease, by lapse of time or otherwise, surrender the Premises in the same condition as when received, reasonable wear and tear expected, and shall surrender all keys for the Premises to Landlord. Tenant shall remove all its trade fixtures, leased equipment and any alterations or improvements which Landlord requests to be deemed to have accepted removed before surrendering the Premises as being in good sanitary order, condition aforesaid and repairshall repair any damage to the Premises caused thereby. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of the Lease. Tenant shall at Tenant's costits own cost and expense, keep the premises enter into an annual contract for regularly scheduled preventive maintenance and every part thereof in good condition repair, with a licensed maintenance contractor approved by Landlord, for servicing and repair except for damages from causes beyond of all heating and air conditioning systems and equipment serving the control Premises. Not later than thirty (30) days following the commencement of Tenant this Lease and ordinary wear and tearannually thereafter. Tenant shall upon furnish to Landlord a xxx of the expiration or sooner termination air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of this Lease surrender all services performed on the Premises and prepare a yearly service report to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations be furnished to Tenant respecting and Landlord at the condition end of each calendar year. Landlord may, but shall not be required to, upon notice to Tenant, elect to enter into such maintenance/service contract on behalf of Tenant or perform the premises or the building except as specifically herein set forthwork itself, and in either case, charge Tenant therefore, together with a reasonable charge of overhead. Notwithstanding the above provisions, Landlord shall agrees to repair and maintain in good order and condition the roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the structural portions integrity of the building, including the standard plumbing, air conditioning, heating interior and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion exterior of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectPremises.

Repairs and Maintenance. By taking possession The Agents will attend to day to day minor repairs and maintenance of the PremisesProperty and its contents. In the event of major repairs, Tenant shall the Agents will endeavour to consult with and take instruction from the Landlord. The Landlord agrees to carry out or give instruction to carry out repairs or maintenance within a reasonable period of time – normally 5 working days. In the event of an emergency or when the Agents consider it necessary, we will act in order to protect the Landlords interest without consultation. The Landlord will be deemed responsible for the cost of any repairs or maintenance carried out by the Agents, or their appointed contractors. The Landlord acknowledges that any contractor instructed by the Agents (except direct employees) are independent contractors and the Agents cannot accept any liability for defective works carried out by such independent contractor nor do the Agents warrant or guarantee any works carried out. The Landlord agrees that if repair or maintenance is required, the Agents will only contact the Landlord should the repair or replacement exceed the sum of £150 including VAT (per job). The Landlord hereby agrees that the Agents will retain the sum of £150 from the first month’s rent to have accepted be retained by the Premises Agents as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration a float to carry out such necessary repairs or sooner termination of this Lease surrender the Premises cleaning to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthProperty. Notwithstanding the above provisionskeeping of a float, Landlord shall repair and maintain if there are insufficient funds in the structural portions Landlord’s account the Agents reserve the right not to instruct any works until sufficient funds are received from the Landlord. In the event that the sums held by way of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs a float are caused in part or expended (whether in whole or part), the Landlord hereby agrees that the Agents can deduct the required sums to replenish the float from any subsequent rental payments, failing which, the Landlord will provide the Agents with replacement funds within 7days of a request to do so. The Landlord also hereby agrees that the Agents will retain any interest earned by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost holding of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effecta float.

Repairs and Maintenance. By taking possession of Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the Premises, Tenant shall be deemed including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and connections to have accepted the Premises as being Premises, sprinkler mains, if any, structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) in good sanitary order, condition and repair. In the event the Premises become or are out of repair and not in good condition due to the failure of Tenant shall at Tenant's cost, keep to comply with the premises terms of this Article 7 and every part thereof in if any and all repairs necessary to restore the Premises to a state of good condition and repair except for damages from causes beyond the control are not completed within ten (10) days after Tenant has received written notice of Tenant such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and ordinary wear and tear. Tenant shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice to Tenant or (ii) prosecute such repairs itself and add the expiration or sooner reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder. Notwithstanding the foregoing in the case of an emergency, Landlord shall have the right to prosecute immediately any and all necessary repairs and shall deliver contemporaneous notification to Tenant of the emergency and related repairs and add the reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, as determined by Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably practicable. Upon termination of this Lease surrender for any reason, Tenant shall return the Premises to the Landlord in good conditionsubstantially the same condition it is in on the date hereof, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this LeaseNotwithstanding the foregoing, Landlord shall have no obligation to alterbe responsible, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any lawsole cost and expense, statute or ordinance now or hereafter for maintaining the landscaping of the Premises in effecta neat and orderly condition.

Repairs and Maintenance. By taking possession During said lease term or any other period of occupancy prior to or after said lease term the LESSOR shall maintain and keep in good repair the exterior of the Premisesbuilding within which the leased premises is contained (inclusive of the obligation to maintain and repair the roof, Tenant gutters and downspouts and to keep said building structurally sound, but exclusive of any such exterior part of the premises damaged by the negligence of LESSEE or its employees, agents, contractors or representatives) and the entire Common Area within said CENTER; provided, however, LESSOR shall not be deemed obligated to have accepted repair and maintain any part of the Premises exterior storefront of said premises (meaning any part of any door, doorframe or doorjamb, window or window frame), or any other exterior door or window or part thereof, or any exterior sign, awning, light fixture or canopy or part thereof which has been installed by or for LESSEE and which constitutes part of or is affixed to said premises. During said same period or periods, in addition to being responsible for the maintenance and repair of those parts of the premises which as being above mentioned are not obligations of the LESSOR, LESSEE shall maintain and keep in good sanitary orderrepair and condition the interior of the demised premises, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises including but not limited to the Landlord in good conditionwalls, ordinary wear floors and tear ceilings and damage from causes beyond any parts thereof; and LESSEE shall further be responsible for the reasonable control repair, maintenance and replacement, if necessary, of all mechanical, electrical and plumbing systems or parts thereof within or exclusively serving said premises, including but not limited to, the heating, ventilating and air conditioning (HVAC) systems. LESSEE shall enter into a preventive maintenance service contract with a reputable company approved by LESSOR for the regular and periodic servicing (not less than twice each year) of the Tenant exceptedHVAC system upon and serving the premises. Unless specifically provided LESSEE shall also contract with a filter replacement service for monthly replacement of filters in an addendum the HVAC equipment. LESSEE shall maintain such service contracts in effect throughout the lease term and LESSEE'S occupancy of the premises. If LESSEE shall fail to this Leaseenter into and maintain such HVAC service contract and such filter replacement service contract, Landlord or shall fail to furnish LESSOR on request with satisfactory evidence that such contracts are in effect, LESSOR may, at its option, enter into such contracts for and on behalf of LESSEE and the cost thereof shall, on demand, be promptly paid by LESSEE to LESSOR; provided, however, LESSOR shall have no obligation by virtue of this provision to altercontract for such services. Additionally, remodel, improve, repair, decorate LESSEE understands that failure to cause such HVAC equipment to be regularly and properly serviced and maintained may also negate or paint the Premises or void any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthexisting warranties on such equipment. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically LESSOR'S covenants herein set forth, there LESSEE shall be no abatement solely responsible for keeping the sidewalk immediately in front of rent its storeroom premises free from snow and no liability ice. Further notwithstanding the foregoing to the contrary, LESSOR warrants that the HVAC system shall be in good working condition and repair upon delivery of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion possession of the building or premises to LESSEE; and that LESSOR shall be responsible for such HVAC repair (excluding routine changing of filters) should anything go wrong with the Premises or to fixtures, appurtenances and equipment therein. Tenant waives system during the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectfirst six (6) months of said Primary Term.

Repairs and Maintenance. By taking possession Tenant, at its sole cost and expense, shall maintain the Demised Premises and each part thereof, structural and non-structural, in good order and condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the Premisesfollowing standards: (1) at least equal in quality and class to the condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and class to the condition of buildings and related facilities of similar construction and class in the general geographic area of the Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural damage or injury to the Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant for its (or its subsidiaries' or affiliates') restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the rules and regulations of all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be deemed permitted to have accepted remain unabated at the Premises as being in good sanitary order, condition and repairDemised Premises. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation duty whatsoever to altermaintain, remodelreplace, improveupgrade, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building Demised Premises. If Tenant fails or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right neglects to make repairs at all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or its agents may enter the Demised Premises for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Landlord's expense under action shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such Repairs or other obligations. These invoices shall be prima facie evidence of the payment of the charges to be paid by Landlord. Except in the case of emergency, Landlord shall refrain from taking any law, statute such action unless Tenant has not commenced and diligently pursued making such repairs or ordinance now or hereafter in effectfulfilling such obligations within thirty (30) days after Landlord delivers written notice of the proposed actions to be taken by Landlord.

Repairs and Maintenance. By taking possession Tenant agrees that they have fully inspected the premises and accepts the condition of the Premisespremises in “as is” condition with no warranties or promises express or implied. Tenant shall maintain the premises in as good a condition as exists at the commencement of this Lease, ordinary wear and tear excepted, and shall keep all areas of the premises, both inside and outside, clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage. Landlord shall deliver the premises free of rodents and vermin, and thereafter Tenant is responsible for internal pest control. Tenant shall be deemed responsible for any damage to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises beyond ordinary wear and every part thereof in good condition and repair except for damages from causes beyond tear or caused by the control negligence or willful act of Tenant or Tenant’s agents, contractors, visitors and ordinary guests. Ripped and stained carpet, holes in the wall, dented appliances, broken latches or hinges are examples of damage that would be above normal wear and tear. Tenant is requested to use any of the numerous products to affix items to the walls other than nails, wall anchors, screws and the like to avoid holes. Tenant is required to patch all holes prior to moving out. Landlord shall upon have the expiration right to repair such damage and Tenant shall reimburse Landlord within five (5) days after demand and or sooner termination all charges incurred as additional rent. Tenant agrees to notify Manager promptly of this Lease surrender all required repairs in writing via their tenant portal and consents to the entry of Manager’s licensed, bonded and insured vendor on or about the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant exceptedmake repairs. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs(See Addendum D for Work Order Procedure). Tenant shall give test at least once every six (6) months and replace batteries as needed in any smoke alarm or smoke detector. Tenant shall replace the heating and air-conditioning filters as necessary but not less than every three (3) months, or at Landlord’s election, Tenant shall allow Landlord’s representative to enter the premises following notice to Tenant to replace such filters. Tenant shall be responsible for the cost to repair and damage caused to the heating and air-conditioning system by Tenant’s failure to replace such filters. Tenant shall reimburse Landlord for the costs of such filters upon five (5) days’ written notice demand therefor. Tenant shall replace all light bulbs which fail during the term of this Lease. Tenant shall replace any lost or damaged garage door openers provided to Tenant. Tenant shall take reasonable steps to prevent the freezing of any pipes or well lines during cold weather periods. Tenant is responsible for replacement of any consumables on or about the premises, including light bulbs, furnace filters, water filters, gas, and heating oil. Tenant is responsible for maintaining the landscaping to city and HOA code unless the Premises include either private or HOA landscaping services. Tenant is required repairs or maintenanceto adequately keep yard and shrubs in green healthy condition. Failure to water adequately to keep plants and shrubs alive will be Tenant financial responsibility. Summertime watering is required. For homes with a pool, Tenant is responsible for maintaining proper water level at all times. Upon vacating the premises, Tenant must leave the premises clean and follow “Tenant Cleaning Checklist for Vacating Property.” In the event a major repair to the premises must be made which will necessitate the Tenant’s vacating the premises, Landlord shall not be liable may at its option terminate this agreement and Tenant agrees to vacate the premises holding Landlord harmless for any failure to repair or to perform damages suffered if any. Tenant shall notify Landlord immediately of any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs need or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinrepair in writing. Tenant waives agrees that they shall immediately test the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectsmoke detector and shall maintain the same.

Repairs and Maintenance. By taking possession of the Premises, Tenant the Sublessee shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant The Sublessee shall at Tenantthe Sublessee's cost, keep the premises Premises and every part thereof of it in good condition and repair except for damages from causes beyond the control of Tenant the Sublessee and ordinary wear and tear. Tenant The Sublessee shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord Sublessor in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant Sublessee excepted. Unless specifically provided in an addendum to this Lease, Landlord the Sublessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof of it and the parties hereto affirm that Landlord the Sublessor has made no representations to Tenant the Sub lessee respecting the condition of the premises or Premises and the building except as specifically herein set forthforth in this Agreement. Notwithstanding Despite the above provisions, Landlord the Sublessor shall repair and maintain or cause to be repaired and maintained the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems Systems furnished by Landlordthe Sublessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the TenantSublessee, its agents, employees or invitees, in which case Tenant the Sublessee shall pay to Landlord the Sublessor the reasonable cost of such maintenance and repairs. Tenant The Sublessee shall give Landlord the Sublessor written notice of any required repairs or maintenance. Landlord The Sublessor shall not hot be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenantthe Sublessee's special needs are the responsibility of Tenantthe Sub les see. Except as specifically herein set forthstated in this Agreement, there shall be no abatement of rent and no liability of Landlord the Sublessor by reason of any injury to or interference with Tenantthe Sublessee's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, ) appurtenances and equipment thereinequipment. Tenant The Sublessee waives the right to make repairs at Landlordthe Sublessor's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord is to undertake various repair and maintenance), Tenant shall shall, at Tenant's cost’s sole cost and expense, keep maintain the premises Premises, in clean and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good conditionrepair, ordinary wear and tear and damage from causes beyond casualty excepted. Without limiting the reasonable control generality of the foregoing, Tenant exceptedshall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to the extent the foregoing are nonstructural elements of the Building, using the same quality of materials as used in the original construction. Unless specifically provided in an addendum In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthforth in this Lease. Notwithstanding Under no circumstances shall Tenant make any repairs to the above provisionsBuilding or to the mechanical, Landlord shall repair and maintain the structural portions electrical or heating, ventilating or air conditioning systems of the building, including Premises or the standard plumbing, air conditioning, heating and electrical systems furnished by LandlordBuilding, unless such maintenance and repairs are caused previously approved in part or in whole writing by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinLandlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs at Landlord's expense and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any lawlatent defect in the Premises, statute or ordinance now any condition, dilapidation or hereafter in effectdefect of which Landlord has actual knowledge prior to the Commencement Date.

Repairs and Maintenance. By taking possession (a) Except as otherwise expressly provided in paragraph 3 and subparagraph 12(b) below, Tenant, at Tenant’s sole cost and expense, shall keep and maintain all portions of the PremisesPremises (including nonstructural, Tenant shall be deemed to have accepted interior portions, systems and equipment) at all times during the Premises as being term hereof in good sanitary order, condition and repairrepair as a first-class retail/commercial real property development (including interior repainting and refinishing, as needed), and shall be responsible for all maintenance to the same. Such repair and maintenance shall include, but not be limited to, all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises, all exterior and interior doors and door closures, and all plate glass located in the Premises. In addition, Tenant shall, at its expense, obtain from a HVAC service company designated by or reasonably satisfactory to Landlord and maintain during the term of this Lease a quarterly maintenance service contract on the HVAC unit that serves the Premises. If any portion of the Premises or any system or equipment in or serving the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in or serving the Premises, regardless of whether the benefit of such replacement extends beyond the term of this Lease; but if the benefit or useful life of such replacement extends beyond the term of this Lease (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated such that Tenant shall be liable only for that portion of the cost which is applicable to the term of this Lease (as extended). It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Premises which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Tenant shall at Tenant's cost, keep pay directly to the premises vendors all costs incurred by Tenant for the operation and every part thereof in good condition and repair except for damages from causes beyond maintenance of the control of Tenant and ordinary wear and tearPremises. Tenant shall upon At the expiration or sooner earlier termination of this Lease surrender Lease, and subject to the provisions of paragraph 12(c) with respect to alterations or improvements to the Premises made by Tenant, Tenant shall return the Premises to the Landlord in as good conditioncondition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this LeaseNotwithstanding the foregoing, Landlord shall have no obligation assign and transfer all warranties for Tenant’s benefit in the event Tenant is required to alter, remodel, improve, repair, decorate or paint promptly replace such portion of the Premises or any part thereof system or equipment in or serving the Premises including but not limited to all interior utility systems and equipment from the parties hereto affirm that Landlord has made no representations point of connection to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the buildingBuilding, including the standard components of electrical, mechanical, plumbing, air conditioning, heating and electrical air conditioning systems furnished by Landlord, unless such maintenance and repairs are caused facilities located in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectPremises.

Repairs and Maintenance. By taking possession Landlord shall provide or cause to be provided cleaning and maintenance of the public portions of the Building, including painting and landscaping surrounding the Building in a first class manner; provided, however, that Tenant recognizes that there will be a transition period, not to exceed forty-five (45) days, after the Lease Term Commencement Date during which Landlord and Tenant will mutually work toward the assumption of these services by Landlord. Unless otherwise expressly stated herein, Landlord shall not be required to make any improvements or repairs of any kind or character in the Premises during the Lease Term, except such repairs as may be required by normal maintenance operations, which shall include structural repairs to the outside exterior walls, corridors, windows, roof and other structural elements and equipment of the Building, and such additional maintenance as may be necessary because of damages by persons other than Tenant, its agents, employees, invitees or visitors. Landlord may at its option and at the sole cost and expense of Tenant, repair or replace any damage or injury done to the Building or any part thereof, solely caused by Tenant, Tenant's agents, employees, licensees, invitees or visitors, reasonable wear and tear excepted. Tenant shall pay the cost of such repairs plus a fifteen percent (15%) administrative fee to Landlord on demand. Tenant further agrees to maintain and keep the interior of the Premises in good repair and condition at Tenant's expense. Tenant agrees not to commit or allow any waste or damage to be committed on any portion of the Premises, Tenant shall be deemed to have accepted and at the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender Lease, by lapse of time or otherwise, to deliver up the Premises to the Landlord in as good conditioncondition as they existed on the date of possession by Tenant, ordinary wear and tear alone excepted, and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation the right to alter, remodel, improve, repair, decorate or paint re-enter and resume possession of the Premises whether or any part thereof not the Premises are vacated by Tenant. All requests for repairs and the parties hereto affirm maintenance that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Landlord pursuant to any provision of this Lease must be made in writing to Landlord at the address set forth herein, or as subsequently changed from time to time by Landlord in writing. Landlord shall provide sufficient staff so as to be responsive to Tenant's requests for normal and routine repairs and maintenance. Except as specifically herein set forth, there All normal and routine repairs requested by Tenant shall be no abatement made by Landlord promptly and in any event within twenty-four (24) hours after receiving such request; provided, however, that Tenant recognizes that there will be a transition period, not to exceed forty-five (45) days, after the Lease Term Commencement Date during which Landlord and Tenant will mutually work toward the assumption of rent and no liability of Landlord these services by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Tenant shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the PremisesTenant Agent. Xxxxxx agrees to be responsible for any damage caused to the above mentioned pool/spa/hot tub, Tenant shall and to adhere to any necessary instructions from a professional pool company, if given. If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be deemed to have accepted liable for the Premises as being in good sanitary order, condition and repaircosts associated with repair/ replacement. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and Excluding ordinary wear and tear, Tenant shall notify Agent and pay for all repairs or replacements caused by Tenant(s) or Tenant’s invitees’ negligence or misuse. Tenant shall upon the expiration not make repairs without prior written consent of Agent. Excessive damage by Xxxxxx, Xxxxxx’s household, or sooner termination of this Lease surrender the Premises guests to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthunsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions As of the buildingdate of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for keeping the lawn and landscaping in the condition in which it was received, unless it is deemed not applicable on page 4 #15 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including the standard plumbingall floors, air conditioningplumbing fixtures, heating and electrical systems furnished by Landlordappliances, unless such maintenance and repairs are caused in part etc. Tenants should refrain from using overly abrasive cleaning solutions or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairscleaning products that may cause permanent damage. Tenant shall give Landlord written notice of acknowledges that they are responsible for any required repairs damage caused by abrasive cleaning products or maintenance. Landlord shall cleaning solutions and that said damage will not be liable considered “normal wear and tear.” Tenants agree to maintain adequate temperature in the dwelling at all times to prevent the pipes from freezing. Tenant is responsible for insuring hoses are disconnected from outside spigots in below freezing weather to prevent pipes from freezing and cracking. Tenant is also responsible for regulating sprinkler system (if applicable) to ensure no freezing takes place. Tenant is responsible for keeping any failure applicable heat tape plugged in during winter months or any time of the year when temperature reaches below 40 degrees. If Xxxxxx has questions at any time regarding these matters, they will call Agent for assistance. Agent has installed all necessary smoke detection and CO detection devices. It is the tenant’s responsibility to repair or ensure that batteries are being changed and that these devices remain in good working order. Tenant agrees to perform any maintenance unless such failure shall persist test devices/batteries monthly to ensure proper operation. Tenant understands a $100.00 charge will be added to the ledger for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising each smoke detector that is removed from the making of any repairs, alterations property. This charge can be added during an inspection or improvements to any portion returning possession of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectunit.

Repairs and Maintenance. By taking possession of Throughout the PremisesLease Term, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderTenant, condition and repair. Tenant shall at Tenant's costsole cost and expense, shall maintain and keep the premises Demised Premises (including without limitation all buildings and every part thereof exterior areas) in good condition and repair except for damages from causes beyond Repair all systems and components in good working order, regardless of whether interior or exterior, structural or nonstructural, ordinary or extraordinary, or foreseen or unforeseen. The term "Repair" as used herein shall include all necessary repairs, replacements, renewals, alterations, additions or betterments. All Tenant's work performed hereunder shall be performed in accordance with the control of Tenant terms and ordinary wear and tearprocedures described in Section 11 below. Tenant shall do all acts necessary for the safety and preservation of the Demised Premises and the improvements located thereon and all other acts which may be necessary by reason of any excavation or other building operation upon the expiration any adjoining property or sooner termination of this Lease surrender the Premises street, alley or passageway. Whether Repairs to the Landlord Demised Premises and adjoining areas are necessary and adequate shall be measured by the appropriate standard for improvements of similar construction and class. However, Tenant shall in good any event make all necessary Repairs in such a manner as to avoid any structural damage or injury to the building(s) and other improvements located on the Demised Premises. Tenant shall maintain all portions of the Demised Premises and adjoining areas in a clean and orderly condition, ordinary wear free of dirt, rubbish, snow, ice, and tear unlawful obstructions. Tenant shall assume the full and damage from causes beyond sole responsibility for the reasonable control condition, operation, Repair, maintenance, and management of the Demised Premises and adjoining areas over which Tenant exceptedhas control, including without limitation, any paving and striping of parking and hard surface areas, mowing and landscaping. Unless specifically provided Tenant shall perform any item of Repair or maintenance as may at any time or from time to time be required by any Law. Tenant shall not damage the Demised Premises, shall maintain and keep in an addendum to this LeaseRepair all improvements, Landlord as well as Tenant's property located in or on the Demised Premises, and shall have no obligation to alter, remodel, improve, repair, decorate or paint maintain a first class general appearance of the Premises or any part thereof Demised Premises. Tenant acknowledges and the parties hereto affirm agrees that Landlord has no obligations to maintain or Repair any portion of the Demised Premises. Tenant hereby acknowledges and agrees that no disclosures made no representations by, or other information provided by, Tenant set forth in the Seller's Disclosure Statements (as that term is defined in the Purchase Agreement) shall relieve Tenant of any maintenance or Repair obligation hereunder, but Tenant shall be obligated to Tenant respecting promptly commence any necessary Repairs and remedy any deficiencies in the condition of the premises or the building except Demised Premises as specifically indicated herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain the Premisesroof and exterior walls, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderfloor, condition parking area and repair. Tenant shall at Tenant's costwalkways, keep the premises plumbing and every part thereof electrical systems, and area landscaping in good condition and repair except for damages from causes beyond at its own expense. Lessee shall maintain the control balance of Tenant the Premises and ordinary wear appurtenances, including, but not limited to, heating and tearair conditioning units, in good condition and repair at its expense. Tenant shall upon Lessor represents and warrants that, as of the expiration Commencement Date, the HVAC system, roof structure, fire sprinkler system, and structural integrity of the walls and foundation are in good condition, functioning properly, and to Lessor’s current and actual knowledge not in need of repair. Lessee agrees that on the last day of the term or sooner termination of this Lease the Lease, it will surrender the Premises to the Landlord Lessor in as good condition, ordinary wear and tear and damage from causes beyond the reasonable control condition as they are as of the Tenant exceptedCommencement Date, damage by fire, act of God or by the elements of other casualty excepted to the extent such Lessor is reimbursed by insurance for such loss. Unless specifically provided If Lessee shall fail to keep the Premises properly repaired, Lessor may do so (but is not obligated), and the cost of such repair shall be paid by Lessee with the next installment of and as rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and construction warranties related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) or area(s) within a commercially reasonable amount of time after receipt of written notice from Lessee, unless due to the nature of such repair, more than thirty days are needed to repair in an addendum which case Lessor shall begin such repair within thirty days and diligently pursue such repair to this completion. Notwithstanding anything to the contrary in the Lease, Landlord Lessor shall have no obligation to alterperform any work on or about the Property or Premises other than that for which Lessor is obligated by the Lease and that which is as specifically set forth herein. Lessee shall, remodelat Lessee’s sole cost and expense, improvefully, repairdiligently, decorate and in a timely manner comply with all “Applicable Requirements,” which term is used in this Lease to mean all laws, rules, regulations, ordinances, directives, covenants, easements, and restrictions of record, permits, the requirements of any applicable fire insurance underwriter or paint rating bureau, and the recommendations of Lessor’s engineers and/or consultants, relating in any manner to the Premises (including but not limited to matters pertaining to (a) industrial hygiene, (b) environmental conditions on, in, under, or any part thereof and about the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the buildingPremises, including soil and groundwater conditions, and (c) the standard plumbinguse, air conditioninggeneration, heating and electrical systems furnished by Landlordmanufacture, unless such maintenance and repairs are caused in part production, installation, maintenance, removal, transportation, storage, spill, or in whole by the act, neglect, fault or omission release of any duty by the TenantHazardous Substance), its agentsnow in effect or which may hereafter come into effect. Lessee shall, employees or inviteeswithin 5 days after receipt of Lessor’s written request, provide Lessor with copies of all documents and information evidencing Lessee’s compliance with any Applicable Requirements, and shall immediately upon receipt notify Lessor in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice writing (with copies of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason documents involved) of any injury threatened or actual claim, notice, citation, warning, complaint, or report pertaining to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building involving failure by Lessee or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under comply with any law, statute or ordinance now or hereafter in effectApplicable Requirements.

Repairs and Maintenance. By taking possession It is the responsibility of the PremisesTenant to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Apartment including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheet rock or siding, or any leaks. If Xxxxxx fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be deemed done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), his/her agents or invitees, which repairs shall be made at the sole cost of the Tenant. Such repairs shall be made to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises conform to the original condition of the Apartment at the time the Tenant took possession. Although the Landlord in good condition, ordinary repairs normal wear and tear items, the adage “you broke it you fix it” applies to the Tenant(s) and damage from causes beyond it applies during tenancy as well as at the reasonable control end of tenancy. In addition, if a Tenant calls for maintenance for which no such maintenance is needed (false call), Tenant will be charged for the service call. Any repairs, including labor, material and parts used, which are the responsibility of the Tenant exceptedTenant, must be pre-approved in writing by the Landlord. Unless specifically provided in an addendum Landlord shall be the sole judge as to this Lease, what repairs are necessary. Landlord shall have no obligation to alterrepair any defective condition, remodelnor shall any defense or remedy be available to the Tenant, improve, repair, decorate or paint where the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the defective condition complained of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are was caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agentsXxxxxx’s family, employees invitee, licensee, or inviteesother person acting under the control or direction of the Tenant, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Apartment for purposes of the repair. Before exercising any of the remedies in which case accordance with the Landlord-Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsAct, Tenant must be current in rent. Tenant shall give Landlord written notice of any required repairs or maintenancebe responsible for all broken glass. Landlord Tenant shall not paint, re-wallpaper or otherwise redecorate or make alterations to the Apartment or surrounding areas without the written consent of the Landlord. If written consent is given, such alterations shall be liable at the expense of the Tenant and shall become part of the premises and the Owner’s property upon termination of this lease and tenancy. Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said premises. In case the Apartment or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Apartment or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Apartment unfit for any failure human habitation, the rent shall cease until such time as the Apartment will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction, and from thenceforth this Lease Agreement shall cease and come to repair an end. In the event the damage is caused by the act of the Tenant, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs someone in the Apartment or maintenance to supplemental cooling equipment required for Tenant's special needs are on the responsibility premises by reason of Tenant. Except as specifically herein set forth’s permission or consent, there shall be no abatement reduction of rent and no liability Tenant shall be liable for all costs or repair. Should Landlord notify Tenant of intent to clean, replace carpets or paint the Apartment, moving furniture and wall hangings shall be the duty and expense of the Tenant. Tenant understands that he/she will not receive any rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law. U. Entry, Inspection and Signs: Tenant shall not withhold consent to the Landlord by reason of any injury to enter the Apartment in order to inspect the Apartment, make necessary or interference with Tenant's business arising from the making of any agreed repairs, alterations alterations, or improvements to improvements, supply necessary or agreed services, or show the Apartment or any portion part of the building Premises to prospective or the Premises actual purchasers, mortgagees, Tenants, workmen or to fixtures, appurtenances and equipment thereincontractors. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.Forty-eight

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition Landlord agrees that it will maintain and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof following in good condition and repair except for damages from causes beyond during the control of Term: (i) the parking area described in Section 6, (ii) the landscaping located on the Parcel, (iii) the Building in which the Premises are located, excluding interior painting, carpeting, lighting fixtures, fixtures brought into the Premises by Tenant, and any damage or repair to the plumbing or electrical systems caused by Tenant and ordinary wear and tearor its employees or guests. Tenant shall upon the expiration must make any repairs or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and replacements necessitated by damage from causes beyond the reasonable control of caused by the Tenant exceptedor its employees, agents, invitees, or visitors. Unless specifically provided in an addendum If Tenant fails to this Leasemake any repairs or replacements caused by it or its employees, agents, invitees or visitors promptly, Landlord shall have no obligation may, at its sole option, make the repairs or replacements after at least thirty (30) days prior written notice to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant. Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to must reimburse Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required the repairs or maintenancereplacements within ten (10) days of Tenant’s receipt of Landlord’s invoice. If the damage is caused by an insurable event under the insurance required by Section 20 of this Lease, the provisions of Section 20(D) are applicable and the provisions of this section are not. Landlord shall is not be liable responsible for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are repainting the responsibility interior of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or for replacement of the carpeting unless repainting or replacement is made necessary by the act or negligence of Landlord or its agents, employees, servants, contractors, or subcontractors, or by the breach of any other obligation of Landlord under this Lease. If Landlord fails to fixturescommence and diligently pursue the above maintenance and repair work within thirty (30) days after the date that Tenant gives written notice to Landlord that a specific repair or maintenance work is needed, appurtenances and equipment therein. describing the work, Tenant waives may, but is not obligated to, make or cause the right repair or maintenance work to make repairs be done or performed for Landlord at Landlord's ’s sole expense, and Landlord agrees to reimburse Tenant upon demand any actual out-of-pocket expense under any lawincurred by Tenant in its performance of Landlord’s duties that is due and payable within ten (10) days after delivery of an invoice to Landlord. If Tenant notifies Landlord that there is an emergency situation within the Premises, statute Landlord must promptly commence the work or ordinance now cause others to commence the work required to cure or hereafter in effecteliminate the emergency. For the purposes of this Lease, the term “emergency” means that immediate danger to life or property exists.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Xxxxxx has inspected Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord acknowledges that it is in good condition, ordinary wear free of defects and tear fit for residential occupancy. Tenant shall promptly notify Landlord of any dangerous condition or need for maintenance existing in Premises. Landlord’s maintenance procedures (“Maintenance Exhibit”) is available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/files/Exhibit%20A%20- %20Maintenance%20Exhibit.pdf , Tenant acknowledges that Landlord may change or update the Maintenance Exhibit from time to time. In the event of any conflict between the Maintenance Exhibit and damage from causes beyond the reasonable control terms of the Tenant excepted. Unless specifically provided in an addendum to this Lease, the terms of the Maintenance Exhibit shall prevail. The Maintenance Exhibit is incorporated into the provisions of this Lease by reference thereof. Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period, thereafter, repair the following: (1) all defects in Premises which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises in a state of disrepair. Except as provided above, Xxxxxx agrees to maintain Premises in the neat, sanitary, and clean condition free of trash and debris. All of Tenant’s trash shall have no be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to alter, remodel, improve, repair, decorate or paint maintain the Premises or includes, but not limited to, replacing any part thereof light bulbs which fail during the Lease Term and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsregularly changing HVAC filters. Tenant shall give Landlord written notice of be responsible for any required repairs or maintenanceclogged plumbing within the Premises. Landlord shall not be liable responsible for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are all other plumbing issues between the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent Premises and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building street or the Premises and the septic tank or to fixtures, appurtenances and equipment thereinin any plumbing line outside of the Premises which exclusively serves the Premises. Tenant waives shall be responsible for any damages to the right Premises caused by Xxxxxx and Xxxxxx’s invitees, licensees, and guests’ abuse or neglect of the Premises. Any expenses incurred by Landlord to make repairs at Landlord's expense under remedy any law, statute or ordinance now or hereafter in effect.violations of this provision shall be paid by Tenant to Landlord as Additional Rent within fourteen

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted keep the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's costgive Landlord prompt notice of any damage to or defective condition in the Premises. Except as provided in Sections 1, keep the premises 6, 7, 8 and every part thereof in good condition and repair except for damages from causes beyond the control 14 of Tenant and ordinary wear and tear. this Attachment 1, Tenant shall be responsible for all repairs, replacements and alterations in and to the Premises. Landlord shall repair, replace and maintain those portions of the Building which do not constitute a part of the Premises and are not leased to others (except as provided in Section 11 of this Attachment 1), and all Building systems (including those portions thereof that may be located within the Premises, including, without limitation, all HVAC, electrical, mechanical and plumbing systems) in compliance with all applicable laws and according to those standards from time to time prevailing for first-class (class “A”) office buildings of similar age, quality and type in the area in which the Building is located. All repairs, replacements and maintenance shall be performed with reasonable promptness and in a good and workmanlike manner. If any condition obligated to be repaired by Landlord, or the repair itself, causes an interruption of Tenant’s use of the Premises, or any portion thereof, for a period in excess of three (3) business days after notice from Tenant to Landlord that a default by Landlord exists under this Lease for a failure to repair and that the Premises are unusable (the “Repair Notice”), then commencing upon the expiration of such three (3) business day period, Tenant’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered unusable for so long as all or sooner termination any portion of the Premises remains unusable. If any condition obligated to be repaired by Landlord, or the repair itself, renders all or any portion of the Premises unusable for a period in excess of thirty (30) days after the Repair Notice, then commencing upon the expiration of such thirty (30) day period, Tenant will have the right to terminate this Lease surrender by delivering written notice of the termination to Landlord for so long as all or any portion of the Premises to remains unusable; provided, however, if such repair cannot be completed within such thirty (30) day period and Landlord diligently pursues the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Leasecompletion thereof, Landlord shall have no obligation an additional thirty (30) days to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall complete such repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case before Tenant shall pay to Landlord the reasonable cost of have such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectterminate this Lease.

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord is to undertake various repairs and maintenance), Tenant shall shall, at Tenant's cost’s sole cost and expense, keep maintain the premises Premises, in clean and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good conditionrepair, ordinary wear and tear and damage from causes beyond casualty excepted. Without limiting the reasonable control generality of the foregoing, Tenant exceptedshall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to the extent the foregoing are nonstructural elements of the Building, using the same quality of materials as used in the original construction. Unless specifically provided in an addendum In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall have the right to install in the Premises such Cabling as it may require. Tenant shall, at Tenant’s expense, contract with SBC or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthforth in this Lease. Notwithstanding Under no circumstances shall Tenant make any repairs to the above provisionsBuilding or to the mechanical, Landlord shall repair and maintain the structural portions electrical or heating, ventilating or air conditioning systems of the building, including Premises or the standard plumbing, air conditioning, heating and electrical systems furnished by LandlordBuilding, unless such maintenance and repairs are caused previously approved in part or in whole writing by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinLandlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs at Landlord's expense and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any lawlatent defect in the Premises, statute or ordinance now any condition, dilapidation or hereafter in effectdefect of which Landlord has actual knowledge prior to the Commencement Date.

Repairs and Maintenance. By taking possession of the Premises, 7.1 Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof maintain in good condition and operating order and keep in good repair except for damages from causes beyond and condition the control of Tenant stairs, stairwells, elevator cabs, restrooms, Building mechanical, electrical and ordinary wear telephone closets, and tear. Tenant shall upon all common and public areas (collectively, “Tenant’s Building Structure”), and the expiration or sooner termination of this Lease surrender base building mechanical, electrical, life safety, plumbing, vertical transportation system, sprinkler systems and the Premises to heating, ventilating and air conditioning (“HVAC”) systems (collectively, the “Building Systems”), in a first-class manner at least as good as that maintained by Landlord in good conditionother buildings in the Project. Subject to Landlord’s reasonable approval, ordinary wear at least once each Lease Year, Tenant, at Tenant’s sole cost and tear expense, shall procure and damage from causes beyond maintain service contracts with specific terms which are comparable to those maintained by Landlord for other buildings in the reasonable control Project, with copies of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof contracts and the parties hereto affirm that service contract providers’ insurance certificates naming Landlord has made no representations and Landlord’s managing agent as additional insureds, to Tenant respecting the condition Landlord within thirty (30) days of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionsexecution, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished with contractors reasonably approved by Landlord, unless such which specialize in and are experienced in the maintenance and repairs are caused in part or in whole by repair of the actTenant’s Building Structure, neglect, fault or omission HVAC and Building Systems. Failure to provide the service contracts and/or evidence of insurance as required herein prior to performance of any duty services by the such service contractors shall constitute an Event of Default under this Lease. In lieu of complying with Tenant’s obligations under this Section 7.1, Tenant may arrange with Landlord to perform Tenant’s obligations under this Section 7.1 and to reimburse Landlord within twenty (20) days of being billed therefor for all costs and expenses incurred by Landlord in connection with providing such contracts and services. If Tenant fails to perform its agentsobligations under this Section 7.1, employees or invitees, in which case after five (5) days’ notice from Landlord to Tenant shall pay to Landlord the reasonable cost of such maintenance failure and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any Tenant’s failure to repair or to perform any maintenance unless cure such failure shall persist within such five (5) day period, Landlord may on notice to Tenant take over rendering such services and xxxx Tenant for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectcost thereof.

Repairs and Maintenance. By taking possession of Lessor shall repair, replace and maintain the Premisesroof, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderstructural systems, condition and repair. Tenant shall at Tenant's costexterior walls, keep the premises floor, parking area and every part thereof walkways, plumbing, electrical and other operating systems, area landscaping and other common areas or systems in good condition and repair except at its own expense, subject to reimbursement as an Operating Expense where provided by Section 4.2; provided, however, that Lessee shall be responsible for damages from causes beyond areas damaged through Lessee's gross negligence or willful misconduct. Lessee shall maintain the control balance of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to and appurtenances, including heating and air conditioning units installed by Lessee which serve the Landlord Premises, in good conditioncondition and repair at his expense, ordinary reasonable wear and tear and damage from causes beyond the reasonable control by fire or other casualty excepted. Lessor represents and warrants that, as of the Tenant exceptedLease Commencement Date, the roof structure, fire sprinkler system, and structural integrity of the walls and foundation are in good condition, functioning properly, and not in need of repair. Unless specifically provided in an addendum If Lessee shall fail to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint keep the Premises or any part thereof properly repaired, Lessor may do so (but is not obligated) after providing Lessee with not less than ten (10) business days prior written notice of its intent to do so, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance repair shall be paid by Lessee within thirty (30) days following presentation of a detailed invoice for such costs. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers' and repairsconstruction warranties related to any work or repair to be performed by Lessor. Tenant When Lessor has an obligation to repair, Lessor shall give Landlord repair such item(s) or area(s) within ten (10)days after receipt of written notice from Lessee, unless due to the nature of any required repairs or maintenance. Landlord shall not be liable for any failure such repair, more than ten(10) days are needed to repair in which case Lessor shall begin such repair within ten(10)days and diligently pursue such repair to completion. If Lessor fails to repair the Premises within such time, then Lessee may repair the Premises and set off any damages against the rent and any other amounts due hereunder or seek reimbursement from Lessor, which Lessor shall pay to perform any maintenance unless Lessee within thirty (30) days following presentation of a detailed invoice. If there is water intrusion in the Premises through the roof or exterior walls and where the Landlord is responsible for the repairs and the Lessor is not able to effect immediate repairs after telephone notice by the shift supervisor, Lessee may make emergency repairs to stop water intrusion and charge the reasonable cost of such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there Lessor which shall be no abatement of rent and no liability of Landlord paid as provided by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectthis section.

Repairs and Maintenance. By taking possession of the PremisesSubject to Landlord’s obligations under Section 6.2, Tenant shall be deemed to have accepted will keep the Leased Premises as being in good sanitary order, condition and repairrepair and Tenant agrees to make any and all repairs to the Leased Premises during the Term and to any improvements placed in the Leased Premises, all at Tenant’s own cost and expense and without expense to Landlord including, without limitation, the interior walls (other than exterior or structural walls), ceilings, utility meters, pipes and conduits within the Leased Premises (excluding Xxxx Xxxxxxxx XXXX), Xxxxxx’s fixtures, heating, ventilating and air conditioning equipment installed by Tenant, all Tenant signs, locks and door closing devices, security systems, doors and door frames and glass (other than exterior glass), and any repairs to such improvements or installations required by any governmental authority. All such repairs shall be made by Tenant promptly without delay, except for delays beyond Tenant’s reasonable control, and shall be made of quality or class equal to the original work or construction. Repairs as used herein shall mean replacement whenever reasonably necessary. Tenant shall at Tenant's costis not responsible for such repairs and maintenance if the need for such repairs or maintenance results from: (i) Landlord’s failure to perform its obligations hereunder; (ii) the act or neglect of Landlord or those claiming by, keep through or under Landlord; or (iii) damage by fire or other casualty covered by Landlord’s insurance. In any such events, Landlord is responsible for such repairs. If Tenant refuses or neglects to make any such repair within the premises and every part thereof in good condition and repair except prescribed time for damages from causes beyond the control curing of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to defaults under this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations may make such repairs without liability to Tenant respecting for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property (except due to the condition negligence or willful misconduct of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteescontractors), in which case or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay Landlord’s reasonable out of pocket cost for making such repairs upon presentation to Landlord Tenant of a xxxx therefor as Additional Rent. Said xxxx shall be due and payable within twenty (20) days of receipt thereof and if not paid shall bear interest at the reasonable cost Default Rate computed from the due date of said xxxx to the date of payment by Tenant to Landlord. In addition to the foregoing, Tenant’s maintenance of all heating, ventilating and air conditioning equipment installed by Tenant shall include (a) at least semi-annual inspections and cleaning of such equipment, together with such adjustments and servicing as each such inspection discloses to be required (unless otherwise specified in writing by the manufacturer of such equipment and Landlord reasonably determines that such specifications are suitable for the maintenance and operation of such equipment) and (b) all repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except , testing and servicing as specifically herein set forth, there shall be no abatement of rent and no liability of necessary or reasonably required by Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect’s insurance underwriter.

Repairs and Maintenance. By taking possession of Tenant shall, at its expense, throughout the PremisesTerm, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderkeep, condition maintain and repair. Tenant shall at Tenant's costpreserve, keep the premises and every part thereof in good condition and repair, the Premises and the fixtures and appurtenances therein. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair except for damages from causes beyond and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the control Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. Throughout the Term, Tenant shall maintain, at its own expense, an HVAC maintenance contract that is reasonably acceptable to Landlord. Notwithstanding anything herein to the contrary, in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in the event any such replacement is necessary due to (a) the negligence or misconduct of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionsTenant’s Parties, Landlord shall or (b) Tenant’s failure to repair and maintain the structural portions HVAC unit(s) or the misuse of the buildingPremises by Tenant or the Tenant’s Parties, including the standard plumbingthen Tenant, air conditioning, heating and electrical systems furnished by not Landlord, unless such maintenance and repairs are caused in part or in whole by shall be solely responsible for the act, neglect, fault or omission total cost of any duty by such replacement of the Tenant, its agents, employees applicable HVAC unit(s) or invitees, in which case major component thereof and Tenant shall pay such amount to Landlord, as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant of written demand, together with supporting invoices, therefor. Landlord shall repair, replace and restore the reasonable Common Areas and the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Building and the cost of all such maintenance matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion following Tenant’s failure to cure following delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall give reimburse Landlord written notice for the cost or value of any required repairs or maintenanceall General Maintenance Services provided by Landlord as Additional Rent. Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall not be liable for any failure construed to repair or obligate Landlord to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, maintain, restore or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to replace any portion of the building Premises. Landlord may from time to time, in its sole discretion, (a) reduce or expand the Premises scope of the General Maintenance Services that Landlord has elected to provide or (b) revoke its election to fixtures, appurtenances and equipment therein. Tenant waives provide any or all of the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectGeneral Maintenance Services.

Repairs and Maintenance. By taking possession Notwithstanding anything to the contrary contained herein, the Tenant will keep, maintain and preserve the Premises in a first class condition, normal wear and tear excepted. The Tenant at its sole cost and expense will provide janitorial and window washing for the interior of the Premises. In addition, Tenant shall be deemed responsible for all utility services for which the Tenant is separately metered. When and if needed, at the Tenant's sole cost and expense, the Tenant will make all interior repairs and replacements including but not limited to have accepted the Premises as being in good sanitary orderinterior walls, condition doors and repairwindows, floors, floor coverings, light bulbs, plumbing fixtures, heating/air conditioning systems, hot water systems, and electrical fixtures. Tenant shall at also make all repairs and replacements to Tenant's cost, keep the premises overhead garage and every part thereof in good condition exterior pedestrian doors. The Tenant will also repair and repair except for damages from causes beyond the control of Tenant replace at its sole cost and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises expense any broken windows and/or damage to the Landlord in good condition, ordinary wear and tear and damage from causes beyond building or Premises caused by the reasonable control negligence of the Tenant exceptedor its employees, agents, guests or invitees during the Lease Term hereof. Unless specifically The above repairs, replacements, and/or services must be performed by an approved contractor of the Landlord. Should Tenant fail to perform all interior repairs and replacements to Tenant's Premises such repairs may be performed by the Landlord and charged to the Tenant at the Tenant's sole cost and expense. Except as otherwise provided in an addendum to this Lease, Tenant will comply with all ordinances of the City of XXXXX, rules and regulations of the Board of Health and the laws of the State of MINNESOTA. The Tenant is also responsible for compliance with all laws, rules and regulations of any governmental authority required of either the Landlord shall have no obligation or the Tenant relative to alter, remodel, improve, the repair, decorate or paint maintenance and replacement in the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthNOTWITHSTANDING ANYTHING TO THE CONTRARY, LANDLORD SHALL BE RESPONSIBLE FOR CUMULATIVE REPAIRS OR REPLACEMENT COSTS OF THE ROOF TOP HVAC UNITS IN EXCESS OF $2,000.00 PER YEAR. Notwithstanding the above provisionsIN ADDITION, Landlord shall repair and maintain the structural portions of the buildingLANDLORD AT LANDLORD'S COST, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectSHALL HAVE A THIRD PARTY CONTRACTOR CERTIFY THAT THE HVAC UNITS AND OVERHEAD DOORS SERVICING THE PREMISES ARE IN GOOD WORKING CONDITION UPON THE COMMENCEMENT DATE OF THIS LEASE.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed 15. The Lessee covenants and agrees at its sole expense to have accepted the Premises as being keep and maintain in good sanitary order, condition order and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good first class condition and repair except for damages from causes beyond the control of Tenant interior and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural nonstructural portions of the buildingLeased Premises, including visible plumbing, light bulbs, paint and wallpaper on interior walls, ceiling tiles, and similar things used exclusively for the standard plumbingLeased Premises, heating and air conditioning equipment, and further agrees to replace any of said equipment when necessary. Such cost of HVAC will not exceed $500.00 annually. Lessee shall keep the Leased Premises and the Fixtures and equipment therein a clean, safe and sanitary condition. The Lessee shall keep and maintain all portions of the Leased Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Lessee shall conserve heat, air conditioning, water, and electricity and shall use due care in the use of the Leased Premises and of the common areas on the Property and without qualifying the foregoing, shall not neglect or misuse water fixtures, electric lights and heating and electrical systems furnished air conditioning apparatus. Lessee shall pay promptly to Lessor forthwith, upon demand, an amount equal to any cost incurred by Landlord, unless Lessor in repairing the Leased Premises or the Building where such maintenance and repairs are caused in part or in whole repair was made necessary by the actnegligence of, neglector misuse by Lessee or an employee, fault customer or omission invitee of any duty by the TenantLessee, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury open window in the Leased Premises. Lessee will maintain a minimum temperature to or interference prevent freeze-up. Lessee, at its sole cost and expense shall maintain a regularly scheduled preventative, maintenance/service contract with Tenant's business arising from a maintenance contractor for the making service of any repairsall hot water, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances heating and air conditioning systems and equipment thereinwithin or servicing the Leased Premises. Tenant waives The maintenance contractor and contract must be approved by Lessor and must include monthly servicing, replacement of filters, replacement or adjustment of drive belts, periodical lubrication and oil change and other services suggested by the right to make repairs at Landlord's expense under any law, statute equipment manufacturer or ordinance now by the contractor. Such cost or hereafter in effectreplacement shall not exceed $500.00 annually.

Repairs and Maintenance. By taking possession of Tenant shall, at Tenant’s own expense, keep the Premises, Tenant shall be deemed to have accepted the Premises as being including all improvements, fixtures and furnishings therein, in good sanitary order, repair and condition at all times during the Lease Term, reasonable wear and repairtear, damage caused by casualty or Landlord or its employees, agents or contractors excepted. Tenant Notwithstanding the foregoing, Landlord shall at Tenant's cost, keep the premises and every part thereof maintain in good condition and repair except and be responsible for damages from causes beyond the control of Tenant maintenance and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises repairs to the Landlord in good conditionexterior walls, ordinary wear foundation and tear and damage from causes beyond the reasonable control roof of the Building, the structural portions of the floors of the Building, the Building Systems, and other systems and equipment of the Building (excluding Tenant exceptedSystems), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense. Unless specifically provided Subject to notice requirements in an addendum to Section 19.1 of this Lease, Landlord may, but shall have no obligation not be required to, enter the Premises at all reasonable times to altermake such repairs, remodelalterations, improve, repair, decorate improvements or paint additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. The provisions of this Article 9 shall in no way limit the right of Landlord to charge to Tenant, as part thereof of Operating Expenses, the costs incurred by Landlord in performing maintenance and repairs at the parties hereto affirm that Landlord has made no representations Property. In addition, and notwithstanding anything to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionscontrary contained herein, Landlord shall repair and maintain (and, as required, replace) the structural portions Tenant Systems and Tenant shall be separately charged for all costs incurred by Landlord in performing such obligations. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part California Civil Code or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any similar law, statute statute, or ordinance now or hereafter in effect. In addition, Landlord shall use commercially reasonable efforts to cause the Parking Facility and Roof Garden to be maintained in good condition and repair during the Term of this Lease.

Repairs and Maintenance. By taking possession of The Premises hereby leased are leased to Tenant "AS IS." Landlord shall be under no liability, nor (except as provided in Paragraph 20 below) have any obligation to do any work or make any repairs in or to the Premises, Tenant shall an any work which may be deemed necessary to have accepted outfit the Premises as being in good sanitary order, condition and repair. Tenant shall at for Tenant's cost, keep occupancy or for the premises and every part thereof in good condition and repair except for damages from causes beyond operation of Tenant's business therein is the control sole responsibility of Tenant and ordinary wear shall be performed by Tenant at its own cost and tearexpense. Tenant shall upon the expiration or sooner termination of this Lease surrender acknowledges that it has fully inspected the Premises prior to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control execution of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm Tenant further acknowledges that Landlord has made no warranties or representations with respect to Tenant respecting the condition or state of repairs of the premises or Premises. Tenant will, during the building except as specifically herein set forth. Notwithstanding term of this Lease, keep the above provisionsPremises and appurtenances (including windows, Landlord shall repair and maintain the structural portions of the buildingdoors, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlordfacilities and installations) in good order and repair and will make all necessary repairs thereof at its own expense, unless such maintenance including all necessary repairs to the exterior walls and repairs are caused in part or in whole by roof of the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsPremises. Tenant shall give Landlord written notice also maintain any driveways and parking areas designated for its exclusive use. Tenant will, at the expiration of any required repairs the term of this Lease, or maintenanceat the sooner termination thereof by forfeiture or otherwise, deliver the Premises in good order and condition, reasonable wear and tear excepted. Landlord In the event Tenant shall not be liable for proceed promptly and diligently to make any failure to repair or repairs to perform any maintenance unless obligations imposed upon it within forty-eight (48) hours after receiving written notice from Landlord to make such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are perform such obligation, then and in such event, Landlord may, at its option, enter the responsibility of Tenant. Except as specifically herein set forthPremises and do and perform the things specified in said notice, there shall be no abatement of rent and no without liability on the part of Landlord for any loss or damage resulting from any such action by reason of Landlord and Tenant agrees to pay promptly upon demand any injury to cost or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter incurred by Landlord in effecttaking such action.

Repairs and Maintenance. By taking possession Throughout the Term of the PremisesLease, Tenant the Lessee shall be deemed to have accepted maintain the Demised Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises fixtures and every part thereof equipment therein in good condition and repair except for damages from causes beyond the control of Tenant and ordinary repair, reasonable wear and teartear excepted, and shall not permit or suffer any waste or injury thereto. Tenant All such repairs and replacements shall upon be in quality and class equal to the original work and materials. Lessor is responsible for the maintenance of the structural elements of the Building, including without limitation, the roof, roofing system, footings, foundations, load-bearing walls, sprinklers and the on-site septic system (subject to the same being part of the Operating Expenses in accordance with Paragraph 8 of this Lease), and Lessee for the maintenance and repairs of all other non-structural elements and systems, including without limitation HVAC, plumbing, interior and exterior electricity facilities, doors and windows. When used in this Paragraph the term "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments of a non-structural character. All repairs made by the Lessee shall be at least equal in quality and class to the original work. Upon the expiration of the Term of the Lease or sooner termination of this Lease termination, the Lessee shall surrender the Demised Premises to the Landlord Lessor in good conditionthe same condition as received (including without limitation, removing the Lessee's racking systems and repairing all walls and floors affected by such racking systems to the reasonable satisfaction of the Lessor), ordinary wear and tear and damage from causes beyond by fire, earthquake, act of God or the reasonable control of the Tenant elements alone excepted. Unless specifically provided in an addendum to this LeaseIf Lessee desires services by Lessor's maintenance personnel, Landlord such will be performed on a work order basis only. Lessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition promptly after receipt of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such written notice from Lessee perform all maintenance and make all repairs are caused in part or in whole to the Demises Premises, which by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs provisions hereof are the responsibility of Tenantthe Lessor and diligently prosecute same until completed. Except Lessor shall not be considered in default so long as specifically herein set forthLessor, there within ten (10) days after receipt of notice from Lessee, commences to cure the breach in a diligent and prudent manner and diligently proceeds to completion of same and is allowed such additional time as reasonably necessary to cure the breach. In the event that Lessor shall fail to do or complete any such maintenance or repairs in the time periods permitted above, the Lessee may make such repairs in a commercially reasonable manner and at market rates and upon completion of same Lessee shall furnish Lessor with written invoices relative to such repairs in form and detail reasonably satisfactory to the Lessor, and furnish Lessor with copies of receipted bills, copies of checks and such other documentation as may be no abatement reasonably requested by Lessor. Lessor shall reimburse Lessee for such amounts within thirty (30) days after receipt of rent and no liability said documentation. If, in the reasonable opinion of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any Lessee, repairs, alterations restoration or improvements to any portion replacements are of an emergency nature, that is, necessary for the preservation of Lessee's property in the Demised Premises and/or the vital Building systems of the building Demised Premises or the safety or health of occupants of the Demised Premises or (hereinafter referred to fixturesan "Emergency Situation") and by the provisions hereof are the responsibility of the Lessor, appurtenances the Lessee shall make reasonable efforts to notify the Lessor and equipment thereinthereafter, may make such repairs in a commercially reasonable manner and at market rates and upon completion of same, Lessee shall furnish Lessor with copies of receipted bills, copies of checks and such other documentation as may be reasonably requested by Lessor. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectLessor shall reimburse Lessee for such amount within thirty (30) days after receipt of such documentation.

Repairs and Maintenance. By taking possession of the PremisesLESSEE shall, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's costits own expense, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions interior of the building, including painting the standard plumbingdoors, air conditioningand keeping all mechanical equipment in good condition and repair, heating so as to tender it to LESSOR at Lease termination, broom clean and electrical systems furnished in the same condition as received, ordinary wear and tear, damage by Landlordfire or other casualty and the elements or acts of God excepted. LESSOR shall, unless such maintenance at its own expense, keep and repairs maintain the structural and exterior (excluding cosmetics, painting or hairline cracks which are not structural or cracks which are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for TenantLESSEE's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion negligence) portions of the building except LESSOR SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR MAINTENANCE OF ROOF DRAINS. LESSOR shall, at or before Commencement Date or as soon thereafter as possible (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the Premises improvements. LESSOR shall cause the plumbing, heating, electric and roofing subcontractors to guarantee their work for a minimum of one (1) year, or such longer period as may be customary, to fixturesthe extent LESSOR is able to obtain same, appurtenances after using its best efforts, from said subcontractors and shall deliver said guaranties to LESSEE at or before the Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the original building, equipment thereinand paved areas to be free from defects in labor, material or design for a period of one year from the Commencement Date of the Lease. Tenant waives During said period, LESSOR shall repair, replace or otherwise correct any such defects or deficiencies promptly upon receipt of written notice from LESSEE. Said written notice must be received On or before the right expiration of said one year period. If notice is timely, LESSOR shall have the continuing responsibility to remedy said defect. LESSEE, following said first year, shall, at its own expense, make all repairs at Landlord's expense under any lawto and provide for the maintenance of the heating plant, statute air conditioning or ordinance now or hereafter in effectair cooling units, plumbing and all other fixtures on the leased Premises.

Repairs and Maintenance. By taking possession Lessee shall maintain Leased Premises including but not limited to the interior walls, ceiling and floor, plumbing system and fixtures, electrical system and fixtures (including bulbs and ballasts), all windows, window glass and interior doors; the exterior of the PremisesLeased Premises including but not limited to exterior doors, Tenant shall be deemed to have accepted repairing, painting and/or staining the Premises as being in good sanitary orderexterior walls, condition the gutters and repair. Tenant shall at Tenant's costdownspouts, keep the premises and every part thereof all in good condition and repair, with the work performed in a quality and workmanlike manner. Lessee shall be responsible for the repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control and/or replacement of the Tenant exceptedHeating, Ventilation and Air Conditioning equipment (“HVAC”) servicing the Leased Premises. Unless specifically provided in an addendum to At all times during the term of this Lease, Landlord Lessee shall have no obligation to altersecure, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair pay for and maintain a maintenance contract with a licensed HVAC contractor for quarterly maintenance on the structural portions HVAC system and shall forward to Lessor a copy of such contract for Lessor’s records. In the buildingevent Lessee fails to supply Lessor with such documentation, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless Lessor may contract for such maintenance and repairs are caused in part charge to Lessee the cost either directly or in whole the NNN charges for said maintenance. Lessor’s responsibility to maintain the Leased Premises shall be limited to and include the structural integrity of the Leased Premises including foundations of the Leased Premises, provided however, Lessee shall be responsible to Lessor for all out of pocket expenses incurred by Lessor as a result of fire, damage or other casualty (collectively ‘waste’) to the property which waste is caused by Lessee or Lessee's equipment or signage. Lessee shall be liable for and shall reimburse the Lessor for the cost of any repairs necessitated by the actacts or omissions of Lessee, neglect, fault or omission of any duty by the Tenant, its his agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs If Lessee refuses or maintenance. Landlord shall not be liable for any failure neglects to repair or maintain the Leased Premises to perform the reasonable satisfaction of Lessor as required hereunder, Lessor may make such repairs without liability to Lessee for any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs loss or maintenance damage that may accrue to supplemental cooling equipment required for TenantLessee's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord business by reason thereof, and upon completion thereof Lessee shall pay Lessor's costs for making such repair upon presentation of a xxxx thereof. Upon the termination of this Lease, Lessee shall remove all signage and surrender the Leased Premises to Lessor in a broom clean condition, with the HVAC system in good operating condition and repair, and all light bulbs and ballasts in working order. Lessee shall further repair any injury and all damage to or interference with Tenant's business arising the Leased Premises resulting from the making Lessee’s removal of any repairs, alterations or improvements to any portion of the building or the Premises or to signage and/or other trade fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Tenant will be obligated to maintain the Leased Premises in perfect maintenance and repair condition. Tenant undertakes to order at its own expense all repairs and maintenance work in the Leased Premises, including those due to old age, unless Tenant can demonstrate that these are major repairs in the literal and limited sense of Article 606 of the PremisesCivil Code, in which case such repairs will be paid by Landlord. The expenses of a possible expert investigation will be paid by Tenant. In particular, Tenant shall be deemed will replace, at its expense, all broken or cracked glass panes for any reason whatsoever, the repair of which is not paid by the insurers of the building. If the repairs are paid by the insurers of the building Tenant will participate up to have accepted the Premises as being deductible specified in good sanitary order, condition and repairthe insurance policy of the building. Tenant shall at Tenant's costwill repair and if needed replace the closing systems of the doors and windows, keep the premises hinges, handles, and every part thereof faucets and toilets that are deteriorated for any reason whatsoever, regardless of the nature of the damage or defect. Tenant will maintain in good condition the internal paint and repair except will preserve the water pipes, radiators and toilets from freezing. It will regularly clean the glass panes so as to always maintain them clean and will assure the maintenance of the frames. Tenant will refrain from using the water pipes as grounding and making bypasses in the electrical conduits and cutting electric wires. The length of the standby wires must be at least thirty centimeters. Landlord may ask Tenant, by registered letter, to do the repairs under the responsibility of Tenant and complete them within two months from the date of the registered letter. Should Tenant not meet this requirement, Landlord reserves the right to cause such work to be done by a contractor of its choice at the exclusive expense of Tenant. In such case. Tenant undertakes to reimburse the full cost of the work without prejudice for damages all damage for which Tenant will be held responsible due to the degradation or depreciation of the Leased Premises. Only major repairs, as defined in the second paragraph of this article, shall be borne by Landlord, and Tenant shall promptly report to Landlord, by registered letter, all major repairs for which Landlord is responsible. Failing to notify Landlord in a timely fashion will cause tenant to be held responsible for the resulting damage and any harmful consequences, and Landlord will not under any circumstances be liable in the absence of such notification. Tenant will suffer without compensation or reduction in rent the execution of all repairs, modifications or improvements which Landlord may deem necessary or appropriate during the term of this contract, regardless of the duration of this work, even if it lasts more than forty (40) days. Tenant agrees to bear in the same manner, the work to be performed on public roads or in nearby buildings, even though it would be a hindrance to the enjoyment of the Leased Premises, unless it exercises personally a recourse against the administration, the contractor of the work or the neighboring owners, without Landlord ever being pursued or bothered in this regard. Tenant may not claim any compensation or reduction in rent in the event of inconvenience, damage, interruption or temporary suspension of general services of the building resulting from repairs, alterations or improvements, or events due to causes beyond the control of Tenant Landlord. In particular, Landlord will not be, in any case, liable for inconvenience and ordinary wear damage resulting from the interruption of the operation of one or other facilities for collective or private use existing in the building or the Leased Premises, regardless of their duration and tearcause. Tenant shall upon the expiration must allow access to Landlord or sooner termination of this Lease surrender the Premises to the any other person designated by Landlord in good condition, ordinary wear order to conduct inspections and tear repairs and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting check the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished in general by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written giving notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord at least 24 hours sent by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectfax.

Repairs and Maintenance. By taking possession Lessor shall not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the Premisesaforesaid or, Tenant for any damage to merchandise, trade fixtures, or personal property of Lessee in the leased premises caused by water leakage from the roof, water lines, sprinklers or heating and air conditioning equipment. Lessee shall be deemed to have accepted liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain in the Premises as being leased premises in good sanitary order, condition order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the exterior and interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Tenant shall at Tenant's costLessee shall, keep the premises and every as part thereof in good condition of its maintenance and repair except obligations hereunder, enter into a service contract with a local, approved contractor for damages from causes beyond service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the control leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of Tenant such contract shall be delivered to the Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased promises, or any part thereof, in a manner reasonably satisfactory to Lessor, Lessor shall have the right, upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and ordinary wear for the account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the interior of the leased premises when necessary in order to maintain at all times a clean and tearsightly appearance. Tenant Nothing herein shall upon the expiration or sooner termination of imply any duty on Lessor to do any work which Lessor is not specifically and expressly required to perform under this Lease surrender the Premises to the Landlord in good conditionor which, ordinary wear and tear and damage from causes beyond the reasonable control under any provisions of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord Lessee may be required to perform; and, the performing thereof by Lessor shall have no obligation not constitute a waiver of Lessee's default in failing to alter, remodel, improve, repair, decorate perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from and after the date Lessee or paint its agents or contractors enter the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the leased premises or the building except as specifically herein set forthundertake activities permitted hereunder. Notwithstanding the above provisionsLessee shall indemnify Lessor against, Landlord shall repair and maintain the structural portions of the buildinghold it harmless from, including the standard plumbingany claims, air conditioningdemands, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault actions against Lessor or omission of any duty by the Tenant, its agents, employees or inviteescontractors for losses or damages incurred by Lessor or its agents, employees or contractors arising out of or in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any way connected with Lessee's failure to repair perform its obligations or to perform observe any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense covenants under any law, statute or ordinance now or hereafter in effectthis paragraph.

Repairs and Maintenance. By taking possession Landlord: Landlord shall maintain and repair the HVAC, electrical and other utilities supplied by Landlord to the Premises and the structural integrity only of the Premisesexterior walls, the foundation, and the roof of that portion of the Building in which the Premises are located. If the damage thereto is caused by reason of an act or omission of Tenant or its agents, servants, invitees, licensees, and employees, such costs shall be not Operating Expenses and Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition reimburse Landlord for said cost and repairexpense upon demand. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to make repairs under this paragraph 9.1 until a reasonable time after receipt of written notice from Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless need for such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable have no responsibilities for any failure to repair or maintenance of the Premises other than as set forth in this paragraph 9.1. Common Areas: The “Common Areas” are hereby defined to perform be the landscaped areas, parking areas and walkways of Parcel MA, described in Exhibit A to the Master Lease, along with the corridors and common facilities of the Buildings. Landlord shall maintain the Common Areas in good condition at all times. Landlord shall have the right to: Establish and enforce reasonable rules and regulations concerning the maintenance, management, use, and operation of the Common Areas. Close any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance of the Common Areas to supplemental cooling equipment whatever extent required for Tenant's special needs are in the responsibility opinion of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason Landlord’s counsel to prevent a dedication of any injury to of the Common Areas or interference with Tenant's business arising from the making accrual of any repairs, alterations rights of any person or improvements to any portion of the building or public to the Premises or Common Areas. Close temporarily any of the Common Areas for maintenance purposes. Designate other property outside the present boundaries of the Common Areas to fixtures, appurtenances become part of the Common Areas. Select a person to maintain and equipment thereinoperate any of the Common Areas if at any time Landlord determines in its sole discretion that such is in the best interests of the Premises. Tenant waives Landlord shall have the right to make repairs at Landlord's expense under any lawnegotiate and enter into a contract with that person on such terms and conditions and for such period of time as Landlord deems reasonable and proper both as to service and as to cost. Make changes to the Common Areas including, statute without limitation, changes in the location of driveways, entrances, exists, vehicular parking spaces, parking area, or ordinance now or hereafter in effectthe direction of the flow of traffic.

Repairs and Maintenance. By taking possession Tenant accepts the Premises in their present condition, subject to completion of the Premises, Landlord and Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repairImprovements. Tenant shall will, at Tenant's costsole expense, keep maintain and take good care of the premises Premises and every part thereof in good condition the fixtures, equipment and repair except for damages from causes beyond the control of Tenant and ordinary wear and tearappurtenances which serve them, will suffer no active or permissive waste or injury thereof. Tenant shall upon the expiration agrees, at Tenant's expense to promptly repair (making replacements where necessary) any injury or sooner termination of this Lease surrender the Premises damage to the Landlord in good conditionPremises. Tenant also agrees, ordinary wear and tear and at Tenant's expense to promptly repair (making replacements where necessary) any injury or damage from causes beyond the reasonable control to other portions of the Property caused by the misuse or neglect thereof by Tenant, Tenant's employees, agents, invitees, or licensees. All such repairs and replacements shall be of a quality equal to original installations. If Tenant exceptedfails to make such repairs [LANDLORD'S INITIALS ______] [TENANT'S INITIALS ______] or replacements within thirty (30) days of Landlord's demand, Landlord may, at its option, make repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand as additional rent. Unless specifically provided in an addendum Subsequent to this Leasethe Commencement Date, the Landlord shall have no obligation to altermaintain, remodelmake any repairs, improvereplacements, repairimprovements, decorate or paint alterations whatsoever to the Premises other than maintaining in good order and repair during the Lease Term the Common Areas and Exterior Common Areas, including, but not limited to, the roof, exterior walls (but not glass, plate glass or any part thereof doors), and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition foundations of the building or buildings containing the Premises and all other premises rented or held for rent by Landlord on the building except as specifically herein set forth. Notwithstanding Property, and paved parking areas, provided that damage thereto shall not have been caused by the above provisions, Landlord shall repair and maintain the structural portions negligence or fault of the buildingTenant, including its employees, servants or invitees, or by burglary or attempted burglary of the standard plumbingPremises, in which event the Tenant shall be responsible for all repairs and maintenance. Landlord's expenses of repairs, maintenance, and replacements of Common Areas and Exterior Common Areas shall be included in Operating Expenses described in Subsection 19.4 hereof, for which Tenant shall be obligated to pay its pro rata share as provided in Section 19. The Tenant shall service, keep and maintain, making replacements where necessary, the interior of the Premises and all fixtures and systems serving the Premises, including, without limitation, all wiring, piping, fixtures, doors, equipment, heating, air conditioning, heating plumbing, and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesappurtenances, in which case Tenant good order and repair during the term of this Lease and any renewal terms and shall pay to Landlord replace all glass windows or doors damaged or broken during the reasonable cost of such maintenance and repairsLease Term. All replacements shall be Building Standard. Tenant shall give be required to maintain a heating and air conditioning maintenance contract for the Premises with professionals reasonably acceptable to Landlord. Notwithstanding anything contained herein to the contrary, however, Landlord written notice and Tenant agree that (1) Tenant shall be solely responsible at Tenant's cost for maintaining and repairing Exterior Common Areas specific to and immediately surrounding the Premises (including, without limitation, all walls, floors, roofing and other portions of any required repairs or maintenance. Landlord the building improvements located on the Premises, and (2) Tenant shall not be liable charged for any failure Operating Expenses which relate to Landlord's maintenance and repair or of Exterior Common Areas specific to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are and immediately surrounding the responsibility premises of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion other tenants of the building Property, but such exclusion shall in no way be extended to an exclusion for charges relating to Exterior Common Areas of the Property which are utilized by all tenants of the Property (including, without limitation the monopole signs (for the benefit of the entire Property), streets, alleys, areas, area-ways, passages or sidewalks located on the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectProperty).

Repairs and Maintenance. By taking possession 9.1 Landlord shall maintain and repair the foundation, exterior walls and roof of the Premises at its own cost and expense, provided, however, that if any maintenance or repair work for the foundation, exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises is required as a result of any negligence or willful misconduct of Tenant or any of Tenant's agents, employees, shippers, customers, invitees or contractors, such work shall be at Tenant's sole cost and expense. Subject to Landlord's obligations as set forth in Paragraph 2.1 above, Tenant shall keep all other portions and components of the Premises, Tenant shall be deemed to have accepted the Premises as being and including all plumbing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights in good sanitary order, condition and repairrepair during the Lease Term and the Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of the Dominguez Technology Center attached hereto as Exhibit A. Tenant shalx xxxx xxintain any of Tenant's property visible from outside the building in the same condition, with the surfaces thereof painted at such intervals and such colors as Landlord shall approve. Except as provided above, Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall at maintain the Premises in an orderly, first-class and fully operative condition. Landlord shall maintain the exterior landscaping for the Premises in accordance with Landlord's then-prevailing landscape maintenance standards, and the amount by which the cost of such landscape maintenance work exceeds the Annual Landscape Base Amount shall be paid by Tenant to Landlord as additional rent. The annual landscape expenses, during the initial lease term, shall not increase by more than a cumulative five percent (5%), compounded annually, over each prior year's actual landscape expense. The starting Annual Landscape Base Amount is Seven Thousand Four Hundred Sixteen and 00/100ths Dollars ($7,416.00). Such payments shall be made by Tenant within ten (10) days following Tenant's cost, keep the premises and every part thereof in good condition receipt of an invoice from Landlord. Except for Landlord's obligations for maintenance and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Leasefoundations, exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises, Landlord shall have no obligation to alterrepair or maintain the Premises, remodel, improve, repair, decorate or paint the Premises improvements or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinareas adjacent thereto. Tenant waives the right provisions of any law permitting Tenant to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectexpense.

Repairs and Maintenance. By taking possession Landlord, at its sole cost and expense, shall maintain and keep in good order and repair and make any necessary replacements to the roof, foundation, structural components, and exterior walls of the PremisesBuilding; provided, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderhowever, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for required to make any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment replacements required for Tenant's special needs are as a result of the responsibility act or neglect of Tenant, its employees, contractors, licensees, agents and/or invitees (including, without limitation, the Tenant Alterations). Except for Landlord's obligations set forth above and any repairs required as specifically herein set fortha result of a fire or other casualty to which the provisions of Section 11. are applicable, there shall be no abatement of rent Tenant agrees, at its sole cost and no liability of Landlord by reason of any injury expense, to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion keep in good order and operating condition and repair all portions of the building or Building and the Premises, including, but not limited to, all day-to-day maintenance and repair (and, if necessary, replacement) of the Building, HVAC system, plumbing, electrical system, grounds and parking lot, and shall take good care of the Premises or and permit no waste thereto. If Landlord shall not commence such repairs within the fifteen (15) days following written notice from Tenant that such repairs are necessary then Tenant may, at its option, cause such Landlord repairs to fixturesbe made and shall furnish Landlord with a statement of the reasonable and actual cost of such repairs upon substantial completion thereof. Landlord shall reimburse Tenant for the 17 18 reasonable and actual cost of such repairs within thirty (30) days of the date of the statement from Tenant setting forth the amount due, appurtenances provided, however, should Landlord fail to reimburse Tenant with said thirty (30) day period, then Tenant may, at its option, offset such amount against subsequent Rent and equipment therein. Tenant waives the right to make repairs at Landlord's expense additional rent due under any law, statute or ordinance now or hereafter in effectthis Lease.

Repairs and Maintenance. By taking possession All installations and improvements now or hereafter placed on the Leased Premises shall be at Tenant’s sole cost and expense, provided, that any such installations or improvements which significantly alter the use of the Leased Premises must receive the prior written consent of Landlord. Tenant at its sole cost and expense, shall promptly make all repairs, perform all maintenance, and make all replacement in and to the Leased Premises (including without limitation, all interior and exterior, roofing, structural, non-structural and systems maintenance, repairs and replacements) that are necessary or desirable to keep the Leased Premises substantially in the same condition to its condition on the Commencement Date (reasonable wear and tear excepted) and in a clean, safe and tenantable condition, and otherwise in accordance with all applicable laws and the requirements of this Lease, including without limitation, repairs required as a result of any act or omission of any invitee, agent, employee, affiliate, subtenant, assignee, contractor, client, licensee, customer or visitor of Tenant. Tenant shall maintain all improvements, fixtures and personal property (including all equipment) located in, or serving, the Leased Premises in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto. Tenant shall maintain all drives, sidewalks, parking areas and lawns on the Leased Premises in a clean condition, free of accumulations of dirt, trash, snow and ice. Tenant shall suffer no waste or injury to any part of the Leased Premises. When used in this Section 9, the term “repairs” shall include replacement or renewals when necessary and all such repairs made by Tenant shall be deemed to have accepted the Premises as being at least equal in good sanitary order, condition quality and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises class to the Landlord in good conditionoriginal construction of the Leased Premises, ordinary normal wear and tear and damage excluded. If Tenant has not performed its obligations under this Section 9 within thirty (30) days after written notice thereof from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum Landlord to this LeaseTenant, Landlord shall have no obligation to alterthe right, remodelbut not the obligation, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist Tenant’s obligations hereunder and to charge Txxxxx as Additional Rent for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent all costs and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter expenses incurred in effectconnection therewith.

Repairs and Maintenance. By taking possession (a) Subject to the obligations of Landlord to cause the completion of Landlord Repair Items at its own cost and expense, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Building and the other improvements on the Premises and any sidewalks, parking areas, curbs, and access ways upon or adjoining the Premises in good order and condition and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Property for outdoor storage if doing so would be a violation of Governmental Requirements. When used in this Article 8, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall maintain all systems in the Premises. Tenant shall pay all costs of maintenance of all systems in the Premises. Notwithstanding the other provisions of this Lease, Tenant shall not be deemed required to have accepted make any capital repairs or capital replacements during the final two (2) years of the Lease. If there is the need to make capital improvements to the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep after the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination date of this Lease surrender that are required under any governmental law or regulation that was not applicable to the Premises at the date of this Lease or such capital improvements are attributable to a modification to the Landlord in good conditionPremises requested by Tenant or made by Tenant after the date of this Lease (a “Code Modification”), ordinary wear and tear and damage from causes beyond then Tenant shall cause the reasonable control completion of the Code Modification and the cost shall be amortized over such reasonable period as determined by Generally Accepted Accounting Principles (GAAP), and, except with respect to Code Modifications: (i) to portions of the Premises that were included in the Tenant excepted. Unless specifically provided Improvement Work (including, without limitation such work in an addendum the Expansion Space), or (ii) required because of modifications to the Premises requested by Tenant or made by Tenant after the date of this Lease, Landlord shall have no obligation reimburse Tenant for any portion of such amortized amount attributable to alterperiods following the expiration of the term of the Lease; provided however, remodel, improve, repair, decorate or paint to the extent the Code Modification is specifically required due to specific use of the Premises by Tenant or any part thereof and by Tenant Parties as defined in Article 11 (b) of this Lease (as opposed to code modifications required of other similar properties, notwithstanding the parties hereto affirm that Landlord has made no representations specific use thereof) or for Code Modifications to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the buildingPremises that were included in the Tenant Improvement Work (including, including without limitation, such work in the standard plumbingExpansion Space), air conditioning, heating and electrical systems furnished or attributable to modifications to the Premises requested by Landlord, unless such maintenance and repairs are caused in part Tenant or in whole made by Tenant after the act, neglect, fault or omission date of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. this lease then Landlord shall not be liable for any failure required to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. so reimburse Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effecttherefor.

Repairs and Maintenance. By taking possession Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the PremisesBuilding, and equipment used to provide the Building Standard services referred to in Item 9, unless any such damage is caused by acts or omissions of Tenant, its agents, customers, employees, principals, contractors, consultants, assigns, subtenants or invitees, in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a contractor (such term to include all degrees and levels of subcontractors) approved by Landlord in writing prior to any such maintenance or repairs being undertaken. Landlord shall be deemed entitled to have accepted require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the Premises as being or the Building but will maintain the Premises in a clean, attractive condition and in good sanitary orderrepair, condition and repairexcept as to damage to be repaired by Landlord as provided above. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner Upon termination of this Lease Lease, Tenant will surrender and deliver the Premises to the Landlord in good conditionthe same condition in which they existed at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from causes beyond the reasonable control of the Tenant exceptedany cause not required to be repaired by Tenant. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord This Item 13 shall not be liable for any failure apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord on the Building (as to repair which Item 16 hereof shall apply) or damage resulting from an Eminent Domain taking (as to perform any maintenance unless such failure which Item 18 hereof shall persist for an unreasonable time after written noticeapply). Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forthSUBJECT TO, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairsAND EXCEPT FOR, alterations or improvements to any portion of the building or the Premises or to fixtures"FORCE MAJEURE" (ITEM 26), appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any lawAND LIKEWISE SUBJECT TO, statute or ordinance now or hereafter in effectAND EXCEPT FOR, ANY FAULT OF, OR FAIRLY ATTRIBUTABLE TO, OR DELAY CAUSED BY, OR FAIRLY ATTRIBUTABLE TO, TENANT OR ITS AGENTS, EMPLOYEES, PRINCIPALS, OFFICERS, SUCCESSORS, CONTRACTORS, CONSULTANTS OR ANY OTHER PERSON, PARTY OR ENTITY FOR WHOM OR WHICH TENANT FAIRLY SHOULD BE RESPONSIBLE, IF LANDLORD MATERIALLY, ADVERSELY, DEMONSTRABLY AND SUBSTANTIALLY FAILS TO MEET ITS REPAIR AND MAINTENANCE OBLIGATIONS UNDER THIS ITEM 13 AND SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE CONTINUES FOR A PERIOD IN EXCESS OF FIVE (5) CONSECUTIVE BUSINESS DAYS FOLLOWING WRITTEN NOTICE THEREOF FROM TENANT TO LANDLORD, THEN TENANT, AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL BE ENTITLED TO AN ABATEMENT OF RENT AND ADDITIONAL RENT FOR THE PERIOD THAT SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE CONTINUES, TO (BUT NOT BEYOND) THE PROPORTIONATE EXTENT THAT SUCH MATERIAL, ADVERSE, DEMONSTRABLE AND SUBSTANTIAL FAILURE MATERIALLY, ADVERSELY, DEMONSTRABLY AND SUBSTANTIALLY INTERFERES WITH THE USE OF THE PREMISES BY TENANT.

Repairs and Maintenance. By taking possession The Tenant agrees at all times, from and after occupancy of the Premisespremises, Tenant shall be deemed and at its own cost and expense to have accepted the Premises as being repair, replace and maintain in good sanitary orderand tenable condition, condition and repair. Tenant shall at Tenant's costthe premises, keep excluding the roof, exterior walls, structural parts of the premises and every part thereof structural floor, including without limitation: ● Floor covering, including carpeting, terrazo or other special flooring installed presently or at the request of the tenant; ● Utility meters, pipes and conduits, all fixtures, air conditioning and heating equipment serving the premises and other equipment therein; ● The store front, all Tenant signs, locks and closing devices, all window sash, casement or frames, door and door frames, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof; All glass, both interior and exterior, is at the sole risk of the Tenant, and any glass broken shall be promptly replaced by the Tenant with glass of the same kind, size and quality. Subject to the foregoing, the Landlord shall keep and maintain in good condition and repair repair, the roof, exterior walls and structural parts of the premises and structural floor, pipes and conduits outside the premises for the furnishing to the premises of various utilities. Landlord warrants that to the best of present knowledge, on the start date of this lease, all items in the previous sentence are in good working condition.. Landlord shall not be required to make any repairs necessitated by reason of the negligence of the Tenant or anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any conditions or agreements in this Lease caused by alterations, additions, or improvements made by the Tenant or anyone claiming under the Tenant. Landlord shall not in any way be liable for failure to make repairs as herein specifically required of it unless the Tenant has previously notified the Landlord in writing of the need for such repairs and the Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of the Tenant's written notification. If Tenant refuses or neglect to make repairs and/or maintain the premises or any part thereof, in a manner reasonable satisfactory to the Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, such work shall be paid for Tenant as additional rent promptly upon receipt of a xxxx therefore. As used in this Article the expression "exterior walls" shall not be deemed to include store front or plate glass, window cases or window frames, door or door frames, security grilles or similar enclosures. It is understood that the Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements to and upon the premises or the mechanical equipment exclusively serving the premises at any time except for damages from causes beyond as in this Lease expressly provided. Upon surrender of the control of Tenant and ordinary wear and tear. premises, the Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises re-deliver to the Landlord in good conditionorder, condition and state of repair, ordinary wear and tear accepted, and damage from causes beyond the reasonable control accepting such items of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint as may be the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectobligation hereunder.

Repairs and Maintenance. By taking Tenant’s entry into possession of the Premises, Tenant Demised Premises shall be deemed to have accepted conclusive proof that the Demised Premises are, as being in good sanitary orderof the commencement date, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tearin all ways acceptable to Tenant. Tenant shall upon be responsible for the expiration full cost to maintain it’s building. Tenant shall continue to keep same in good condition and repair and make all necessary repairs thereto, including without limitation, the interior and exterior of the premises, all structural and non-structural portions thereof, and all pipes, conduits, and duct work of the electrical, security, plumbing, heating, ventilation and air conditioning and sprinkler systems. Tenant hereby waives the provisions of Sections 1941 and 1942, and Section 1932 (2), and Section 1933 (4) of the Civil Code of California. All such repairs shall be made by Tenant as speedily as reasonably possible at Tenant’s sole cost and expense. In accordance with the foregoing, Tenant shall retain the services of an air conditioning service company for periodic inspection and repair, not less frequently than once each month. If Tenant fails to engage the services of an air conditioning company, Landlord may, without further notice, retain a company for such purposes and xxxx Tenant for the cost thereof, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s xxxx. In addition, it shall be the obligation of Tenant, at Tenant’s expense, in the event that the Demised Premises are subject to termite infestation at any time or sooner termination times during the Lease term, to procure the services of this Lease surrender a licensed pest control company for purposes of eliminating the Premises infestation, and Tenant shall, in such event, also be required to repair all damage incurred in or about the Demised Premises, whether structural or non-structural, by reason of the infestation and the elimination thereof. If Tenant fails to meet the obligations set forth in the previous sentence, Landlord may perform the necessary work and xxxx Tenant for the cost, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s xxxx. Notwithstanding the foregoing, Lessor shall make the following repairs to the Demised Premises and the building of which the Demised Premises form a part and Tenant shall reimburse Landlord Tenant’s pro-rata share of the costs thereof. Such items shall include without limitation: roof (excluding structural portions), service lines and drops located outside the perimeter of the Demised Premises, and painting or staining of exterior walls, trim, or accessories as Landlord from time to time determines. Tenant’s pro-rata share thereof shall be calculated by multiplying the total amount thereof by a fraction, the numerator of which is the leasable area within the Demised Premises and the denominator of which is the gross leasable area within the building of which the Demised Premises form a part. In the event any repairs are required to Tenant’s sign and Tenant fails to make such required repairs, Landlord shall repair same upon five (5) days notice to Tenant, at Tenant’s sole cost and expense plus interest at the Interest Rate from the date of Landlord’s payment thereof. Tenant shall promptly notify Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control writing of the need for any of the foregoing repairs which Landlord shall perform at Landlord’s expense. Landlord shall have the right to enter the Demised Premises upon 24 hours notice at any time with men and equipment as may be deemed necessary by Landlord to make such repairs. In no event shall Landlord be liable for any loss, damage (including water damage), theft or destruction of or to any merchandise, fixtures, money, or other property belonging to any other party (including Tenant) as a result of Landlord’s failure to promptly make or correctly perform any of the foregoing repairs unless caused by a willful act or negligence of Landlord, its agents, employees, contractors, servants, or designees while making such repairs. In the event Tenant excepted. Unless specifically provided fails or refuses to make any repairs it is required to make, in an addendum addition to this Leaseall other rights and remedies hereunder and any other which now or hereafter may be available to Landlord at law or in equity, Landlord shall have no obligation the right to alter, remodel, improve, repair, decorate or paint enter the Demised Premises or any part thereof with men and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or equipment to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are on behalf and at the responsibility expense of Tenant. Except Landlord may make any and all emergency repairs as specifically herein set forthLandlord deems necessary. In the event of any of the foregoing, there Tenant shall reimburse Landlord Landlord’s costs and expenses thereto together with ten percent (10%) covering Landlord’s overhead. Such reimbursement shall be no abatement made together with the next monthly installment of rent and no liability of rent. In the event Tenant fails to timely reimburse Landlord by reason of any injury to or interference with Tenant's business arising from such amount shall bear interest at the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectInterest Rate (as hereinafter defined).

Repairs and Maintenance. By taking possession Agent will make necessary repairs with commercially reasonable promptness after receipt of written notice from Tenant of the Premisesnature and extent of said condition requiring repair. Agent shall maintain, and/or repair/replace the plumbing, heating, cooling, electrical systems, and the exterior walls and roof of the Property. Tenant shall be obligated for the costs of such repairs, replacements, and related services if the need for such repairs, replacements, and related services results from the negligence or misuse by Tenant, other residents of the Property, or Tenant’s agents, servants, employees, invitees, or family members. Tenant agrees to promptly notify Agent of any condition which is the obligation of Agent to repair or replace. SAMPLE Except as provided above, Tenant shall be deemed responsible for all other repairs and replacements to have accepted the Premises as being Property. Any damage to the wallpaper, paint, walls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or other improvements to the Property (to include burst water pipes due to freezing caused by neglect or carelessness of the Tenant, his family, or any of his guests), in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control excess of Tenant and ordinary wear and tear, shall be promptly repaired or replaced by tenant, at Tenant’s sole expense, so as to restore the Property to the same condition as existed prior to the commencement of the Term. If Tenant shall fail to make any such repair or replacement, Agent, in Agent’s sole discretion, may make such repair or replacement, in which event, the cost of such repair or replacement shall be added to and deemed a part of the rent and shall be payable by Tenant to Agent on demand. Agent shall have the same remedies for the collection of such costs as Agent has for the non-payment of rent under this Lease. Any damage to window glass or entry doors is the sole responsibility of the Tenant. Tenant shall upon furnish the expiration HVAC system filters, batteries, trash cans, janitorial services, electric light bulbs, fuses, or sooner termination any other services not specifically listed as supplied in this Lease Agreement at Tenant’s expense. As of the date of this Lease surrender Agreement, Agent warrants that the Premises to the Landlord Property sewage drains are in good conditionworking order and that they will accept the normal household waste for which they were designed. They will not accept items such as paper diapers, ordinary wear toys, sanitary napkins, tampon applicators, balls of hair, grease, table scraps (if no garbage disposal), clothing, rags, sand, dirt, newspapers, or similar items. Tenant agrees to pay all expenses associated with clearing all drains of any and tear and damage from causes beyond all stoppages except those that the reasonable control plumber, who is called to clear the stoppage, will attest to in writing were caused by defective plumbing, tree roots, or act of God. Upon the failure of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, make any such repair, decorate or paint the Premises or any part thereof Agent, in Agent’s discretion, may make such repair and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance repair shall e added to and repairsdeemed a part of the rental sum, and shall be payable, on demand, by Tenant to Agent. Tenant The Agent shall give Landlord written notice have the same remedies for the collection of such costs as Agent has for non- payment of rent. Any such repairs made by Agent will be billed at market rates plus the cost of any required repairs or maintenancematerials. Landlord shall not When a maintenance request is made, the request will serve as notice to the Tenant that a maintenance technician will be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are entering the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter property in effectreasonable time.

Repairs and Maintenance. By taking possession Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant in writing, Landlord shall make such repairs to the Premises within a reasonable time of Landlord’s receipt of such written notice and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 11, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment that are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord, throughout the Term and at Landlord’s sole cost and expense but subject to reimbursement pursuant to Section 4(a), shall make all necessary repairs to: (i) the footings and foundations and the structural steel columns and girders forming apart of the Premises; (ii) the HVAC, plumbing and electric systems serving the Premises; (iii) the Building outside of the Premises; and (iv) the common areas of the Building and the Project and shall keep and maintain all common areas appurtenant to the Building in a clean and orderly condition; provided, however, Tenant shall be deemed have the sole responsibility for the repair, maintenance, and replacement of any supplemental heating and/or cooling systems and equipment serving the Premises. Notwithstanding anything to have accepted the Premises as being contrary in good sanitary orderthis Lease but subject to the provisions of Section 12 below, condition any repairs to the Premises, Building or Project and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant (a “Tenant Party”) shall be made at the sole cost and ordinary wear and tear. Tenant shall upon the expiration or sooner termination expense of this Lease surrender the Premises Tenant, except to the extent: (i) of insurance proceeds received by Landlord; (ii) the damages needed to be repaired are covered by any insurance obtained by Landlord in good condition, ordinary wear and tear and damage from causes beyond on the reasonable control of Building or Project; or (iii) the Tenant excepted. Unless specifically provided in damages needed to be repaired should have been covered by an addendum insurance policy required to be maintained by Landlord pursuant to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable to Tenant for any failure damage caused to repair Tenant and its property due to the Building or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs part or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility appurtenance thereof being improperly constructed or being or becoming out of Tenant. Except as specifically herein set forthrepair, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making leaking of any repairsgas, alterations water, sewer or improvements to any portion of the building steam pipes, or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectfrom problems with electrical service.

Repairs and Maintenance. By taking possession Tenant, at Tenant's sole cost and expense, shall keep, maintain, repair and replace all structural portions of the Improvements and the Premises, Tenant shall be deemed to have accepted the Premises as being including, without limitation, all floors, subfloors and floor coverings, walls and wall coverings, roof and roof materials, mechanical, electrical, and plumbing systems, elevators, doors, windows, glass, plate glass, ceilings, lighting systems, parking lots, driveways, parking areas, loading dock areas and doors, fences, landscaping and any signage in a clean and safe condition, in good sanitary order, condition and repair. Tenant shall at enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors reasonably acceptable to Landlord for servicing all hot water and heating and air conditioning systems and equipment in the Premises. Tenant's costrepair and maintenance obligations shall include, keep but not be limited to, the premises and every part thereof in good condition obligation to maintain and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control parking area which is a part of the Tenant excepted. Unless specifically provided in an addendum to this LeasePremises, Landlord which shall have no obligation to alterinclude, remodelbut not be limited to, improveslurrycoating the parking area as needed, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made parking area and driveway sweeping and repaving. There shall be no representations to Tenant respecting abatement of Rent during the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost performance of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs repair or maintenancereplacement work. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises or the Improvements, or for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for damage that may result from interruption of Tenant's special needs are use of the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of Premises during any repairs. In the event Tenant fails, alterations or improvements in the reasonable judgment of Landlord, to any portion of maintain the building Improvements or the Premises in good order, condition and repair, which failure continues at the end of ten (10) days following Tenant's receipt of written notice from Landlord stating with particularity the nature of the failure, Landlord shall have the right to perform such maintenance, repairs or refurbishing at Tenant's expense; provided, however, if the nature of the maintenance or repair is such that it cannot, with the exercise of reasonable diligence, be completed within ten (10) days of Tenant's receipt of Landlord's notice, Landlord shall not undertake such maintenance or repairs at Tenant's expense provided Tenant commences such maintenance or repairs within said 10 day period and thereafter diligently and continuously prosecutes the same to fixturescompletion and provided further, appurtenances and equipment therein. Tenant waives however, that in the event of an emergency condition, Landlord shall have the right to make such repairs on behalf of Tenant after giving Tenant such notice, if any, as is reasonable under the circumstances. Tenant shall maintain written records of maintenance and repairs, as required by any applicable law, ordinance or regulation and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant waives any right to repair at Landlord's the expense of Landlord under any lawapplicable governmental laws, statute ordinances, statutes, orders or ordinance regulations now or hereafter in effecteffect which might otherwise apply.

Repairs and Maintenance. By taking possession (a) Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, order and condition including promptly making all repairs necessary to keep and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof maintain such in good condition order and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary subject to reasonable wear and tear and damage from causes beyond the reasonable control of the Tenant exceptedby casualty or condemnation. Unless specifically provided When used in an addendum to this Lease, Landlord “repairs” shall include repairs and any reasonably necessary replacements. Tenant shall have no obligation the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that have Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the reasonable cost extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If an Event of Default is then continuing, Landlord may elect to require that Tenant prepay the amount of such maintenance and repairsrepair. All repairs made by Landlord or Tenant shall give utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises or the Leasehold Improvements, as the case may be. If either Tenant or Landlord written notice of (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any required Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 business days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord Building and/or the Project made necessary by reason of any injury the installation, maintenance and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. Upon the occurrence of a Force Majeure Event or other emergency, such as a burst waterline, that threatens imminent material harm to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures(each, appurtenances and equipment therein. Tenant waives "Premises Emergency Event"), Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Subject to obtaining Landlord's expense ’s prior consent to the specific area in which Tenant requires access, Tenant shall be permitted reasonable access to portions of the Building adjacent to the Premises as required in order to perform Tenant’s obligations under any lawthis Lease; provided, statute or ordinance now or hereafter however, (i) Tenant shall make commercially reasonable efforts to assure such access shall be during non-Business Hours, (ii) Landlord shall be permitted to have in effectattendance a representative, and (iii) Tenant shall be responsible for all costs in connection therewith.

Repairs and Maintenance. By taking possession Lessee is responsible for all maintenance, repair, replacement, and refurbishment of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderand other improvements thereon, condition and repair. Tenant shall at Tenant's costwhether owned by Lessor or Lessee, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control centralized systems, which are Lessor’s responsibility unless damaged due to Lessee’s negligence, failure to perform its repair and maintenance responsibilities, improper performance of Tenant repair and ordinary wear maintenance responsibilities, or misuse of the Premises, and tearin that case Lessee will be assessed for the damage caused by Lessee. Tenant shall upon Lessor at its option may enter into a third-party maintenance contract for Lessor provided equipment, for which Lessee will reimburse Lessor its share of those costs. Lessor will also maintain the expiration or sooner termination of this Lease surrender the Premises Common Areas, as more particularly described in Sections 4.7.1 and 4.7.2 above. Lessor has no other maintenance obligations to Lessee. If work performed by Lessor is required due to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the actnegligence, neglect, fault or omission misconduct of any duty by Lessee, Lessee will promptly reimburse Lessor the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forthwork, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising plus interest thereon at the Delinquency Rate from the making of any repairsdate the expense was incurred by Lessor until reimbursed by Lessee. Other than routine and customary repairs and maintenance, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives Lessee acknowledges that Lessee does not have the right to make repairs any alterations to the Premises without the prior written consent of Lessor, which consent will not be unreasonably withheld. Lessee will keep the Premises in good repair and clean condition, free and clear of accumulation of rubbish, debris, scrap materials, and litter. Lessee will ensure that no Hazardous Substance release occurs on the Premises at Landlord's expense under any lawtime, statute as more particularly described in Section 11.1.6. Lessee will commit no waste on the Premises or ordinance now in the Common Areas, and Lessee will not permit any employee, supplier, shipper, customer, contractor or hereafter invitee to commit waste on the Premises or in effectthe Common Areas. The Premises shall at all times be free of mold, mildew and pests. Lessee shall not attach anything to the Premises walls without prior written consent of Lessor.

Repairs and Maintenance. By taking possession This Lease is a gross lease and that, except as expressly provided in this Lease, Landlord at its sole cost and expense shall be responsible for ensuring that the Premises comply with all applicable laws, statutes, ordinances, rules and regulations and for all general and capital maintenance, repair and replacement of the Building, and Premises and all portions thereof. Without limiting the foregoing, Landlord, at its own expense, shall keep the Building and the Premises, Tenant including without limitation all parking areas, the roof, foundation, exterior and interior walls, common areas, structural elements and components, Building systems, and all sewer and utility lines serving the Building in good order and repair and perform and make such repairs and replacement as shall be deemed required to have accepted keep the Premises as being and the Building in good sanitary order, condition and repair. At the expiration or other termination of this Lease, Tenant shall at Tenant's cost, keep surrender the premises Building and every part thereof the Premises in as good condition and repair except for damages from causes beyond the control of Tenant and as when received, loss by fire or other casualty or ordinary wear and tear. Tenant shall upon the expiration , changes contemplated or sooner termination of permitted by this Lease surrender the Premises or by Landlord and items which Landlord is required to the Landlord in good conditionmaintain, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsreplace excepted. Tenant shall give Landlord written notice of any required maintenance, repair or replacement which Tenant becomes aware, after which Landlord shall promptly commence and diligently complete such maintenance, repairs or replacement within a reasonable period of time. Tenant shall have the right to perform any required maintenance. , repairs and replacements if Landlord fails to promptly commence and complete the same or if that Tenant has obtained Landlord's prior written approval, which approval shall not be liable for unreasonably withheld or delayed. In the event Tenant is permitted to and performs any failure to repair or to perform any maintenance unless such failure work, Tenant shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for be entitled, at Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forthoption, there shall be no abatement of rent and no liability of Landlord by reason of any injury to offset all or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion part of the building cost from any Rent or other payments and/or require Landlord to pay Tenant for all or part of the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectcost thereof upon demand.

Repairs and Maintenance. By taking possession of the Premises(a) Except with respect to Landlord Repairs (as defined below), Tenant Tenant, at Tenant’s expense, shall be deemed to have accepted keep and maintain the Premises as being in good sanitary orderorder and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, condition “repairs” shall include repairs and repairany reasonably necessary replacements. Tenant shall at have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises ’s desire to the have Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the reasonable cost extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If an Event of Default then exists, Landlord may elect to require that Tenant prepay the amount of such maintenance and repairsrepair. All repairs made by Landlord or Tenant shall give utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises. Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 business days after Landlord’s written notice of any required request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord Building and/or the Project made necessary by reason of any injury to the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or interference with Tenant's business arising from the making act of any repairsGod, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Landlord's expense under any lawTenant’s cost) without giving Tenant prior notice, statute or ordinance now or hereafter but in effectsuch case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred.

Repairs and Maintenance. By taking possession Tenant to provide security and fire response contract for the entirety of the Premises by with notification of Landlord if such contract changes. Tenant to provide phone line to monitor fire and security by . Tenant to replace all keys in spaces they occupy by . Tenant to check Ansul system for update Tenant to provide security deposit on January 1 2018. Tenant to provide proof of insurance on . Tenant to obtain of Certificate of Occupancy from City prior to occupancy. LANDLORD: Tucson Unified School District By: Xxxxxx Xxxxxx Director of Planning Services Date: TENANT: Flowers and Bullets Collective By: Xxxx Xxxxxxxx, Member Date: By: Xxxxx Xxxxxx, Member Date: EXHIBIT C to the FBC-TUSD LEASE OF THE FORMER XXXXX XXXX ELEMENTARY SCHOOL SPECIFICS OF TENANT-LANDLORD MAINTENANCE OBLIGATIONS Tenant will be responsible for any costs to inspect, repair, maintain or replace the heating, air conditioning and fire protection systems and equipment (including fire sprinklers) serving the Premises, including the cost of a preventive maintenance contract providing for the regular inspection and maintenance of same. To meet these obligations, Tenant shall be deemed responsible for obtaining an annual service contract to have accepted be approved by Landlord. The Service Contract shall, specifically, provide that the Premises as being in good sanitary ordermaintenance and testing of life safety equipment to comply with all City, condition State and repairFederal Codes, and that all Preventative Maintenance expectations of the Arizona School Facilities Board, for all portions of the Property, are met. Tenant shall at Tenant's cost, keep provide an annual report to Landlord of the premises same and every part thereof in good condition and repair except for damages from causes beyond will correct any deficiencies attributable to the control occupancy of Tenant and ordinary wear and tearor resulting from inadequate routine maintenance during the occupancy. Tenant shall also be responsible for maintenance of the Premises to ensure they are reasonably weed and pest free, that the landscape is trimmed and otherwise maintained, and that interiors are regularly cleaned, waxed, and otherwise maintained. EXHIBIT D to the FBC-TUSD LEASE OF THE FORMER XXXXX XXXX ELEMENTARY SCHOOL CONTRACTORS HOLD HARMLESS AGREEMENT The undersigned (the "Contractor"), xxxxxx agrees to protect, defend, indemnify and hold harmless , a(n) (the "Owner") and its successors in interest and assigns (collectively, the "Indemnitees"), the Indemnitees' members, managers, partners and affiliates, and each of their respective officers, agents, servants, employees and independent contractors from and against any and all loss, cost, expense, liability, damage, claim and demand incurred in connection with, or arising from, any cause relating to the performance of ANY WORK DONE IN THE BUILDING by the Contractor, or its agents, servants, or employees (collectively, the "Contractor's Agents"), including, without limiting the generality of the foregoing, any default in the observance or performance of any of the terms, covenants or conditions of the Contract (as hereinafter defined), any injury to persons, including death, or damage to property in connection with the performance of the Contract, or any acts, omissions or negligence of Contractor or Contractor's Agents or any person claiming by, through or under Contractor or Contractor's Agents. Contractor hereby agrees that Contractor shall, at Contractor's sole cost and expense, defend any and all actions brought against Indemnitees based upon any of the foregoing with attorneys reasonably acceptable to Owner and shall pay any and all costs and expenses incurred in such actions, including, without limitation, court costs and professional fees such as appraisers', accountants', and attorneys' fees, and promptly discharge any judgments arising therefrom. This covenant by Contractor shall survive the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof Contract and the parties hereto affirm that Landlord has made no representations to Tenant respecting lease in connection with which Contractor performed the condition Contract. Indemnitees, their members, managers, partners and affiliates and each of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionstheir respective officers, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord independent contractors shall not be liable for any failure damage either to repair person, including death, or property, which is sustained by Contractor or Contractor's Agents or by any other person or entity claiming through Contractor or Contractor's Agents in connection with Contractor's or Contractor's Agents' performance of the Contract or any subcontracted operations. Contractor hereby agrees to insert the provisions of the preceding sentence in any subcontract relating to the Owner's property. Contractor hereby further agrees that Contractor will perform the work and services in connection with the Contract as an independent contractor and not as an employee or agent of Indemnitees. As used herein, the term "Contract" shall include any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs agreement, whether oral or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forthwritten, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements relating to any portion of work performed and/or required to be performed by Contractor or Contractor's Agents with respect to the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectleased premises.

Repairs and Maintenance. By taking possession of Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the Demised Premises, Tenant shall be deemed including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and connections to have accepted the Premises as being Demised Premises, sprinkler mains, if any, structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) in good sanitary order, condition and repair. In addition, Tenant shall at Tenant's cost, keep will be responsible for mowing the premises grass for the entire eleven (11) acre parcel including the trailer park. In the event the Demised Premises become or are out of repair and every part thereof not in good condition due to the failure of Tenant to comply with the terms of this Article 7 and if any and all repairs necessary to restore the Demised Premises to a state of good condition and repair except for damages from causes beyond the control are not completed within ten (10) days after Tenant has received written notice of Tenant such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and ordinary wear and tear. Tenant shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice to Tenant or (ii) prosecute such repairs itself and add the expiration or sooner reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder. Notwithstanding the foregoing in the case of an emergency, Landlord shall have the right to prosecute immediately any and all necessary repairs and shall deliver contemporaneous notification to Tenant of the emergency and related repairs and add the reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, as determined by Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably practicable. Upon termination of this Lease surrender for any reason, Tenant shall return the Demised Premises to the Landlord in good conditionsubstantially the same condition it is in on the date hereof, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession Landlord shall maintain, or cause to be ----------------------- maintained, the common areas of the PremisesBuilding, Tenant shall be deemed to have accepted such as lobbies, parking areas, HVAC, ducts, elevators, stairs, and corridors, the Premises as being in good sanitary orderroof, condition foundations, and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control exterior walls of the Tenant excepted. Unless specifically provided in an addendum to this LeaseBuilding, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting underground utility and sewer pipes outside the condition exterior walls of the premises or the building Building, if any, except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions any of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole rendered necessary by the act, neglect, fault negligence or omission misconduct of any duty by the Tenant, its agents, employees customers, employees, independent contractors, guests or invitees, in the repair of which case shall be paid for by Tenant within thirty (30) days of Landlord's written demand. Subject to Landlord's right of access pursuant to Article 17, Tenant shall pay be exclusively responsible for the interior of the Premises (except for mechanical, electrical, plumbing, HVAC, fire and life safety, all building standard lighting - bulbs, tubes, ballasts, lenses, hinges, locksets and latchsets, ceiling grid and tile, windows and blinds), which shall be maintained by Tenant in good order and repair, and Landlord shall be under no obligation to Landlord inspect the reasonable cost of such maintenance and repairsPremises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall give promptly report in writing to Landlord written notice of any defective condition known to it which Landlord is required repairs or maintenance. to repair, and failure to so report such known defects shall make Tenant responsible to Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of incurred by Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinsuch conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect; Tenant's sole right to repair is expressly set forth hereinbelow. In the event that Landlord defaults under its obligations under this Section, Tenant shall promptly notify Landlord in writing of such default and Landlord shall have thirty (30) days within which to cure such default (or if such default is not capable of being cured within such time, Landlord shall diligently proceed to cure such default). In the event that Landlord does not cure the default within such thirty (30) day period or does not diligently proceed to cure such default if such default is not capable of being cured within such thirty (30) day period, Tenant shall have the right to cure such default on Landlord's behalf and Landlord shall promptly reimburse Tenant for all reasonable, out-of-pocket expenses incurred by Tenant in connection with such cure.

Repairs and Maintenance. By taking possession Lessor shall, at its sole cost and expense (subject to reimbursement pursuant to paragraph 4 of this Lease), maintain and make all necessary repairs to the exterior of the Leased Premises, Tenant including parking areas, sidewalks, landscaping, roof, walls, foundation, utility systems and lines (including plumbing and electrical), HVAC systems, windows, glass, doors, walls and the fixtures used in connection therewith, which repairs shall be deemed in quality and class equal to have accepted the original work, in order to maintain the Leased Premises as being in good sanitary order, condition and repair. Tenant Notwithstanding the foregoing, Lessee shall reimburse Lessor for costs attributable to the repair of the roof at Tenantthe Leased Premises up to an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per year within thirty (30) days after receipt of an invoice from Lessor accompanied by documentation substantiating the cost and scope of the roof repair that was performed. If Lessor fails to perform its obligations of maintenance or repair hereunder, Lessee is authorized to make such repairs and deduct the reasonable cost of such repairs from the Rent due hereunder. Lessee, at its sole cost and expense, shall be responsible for any painting and carpeting within the Leased Premises, for any repairs necessitated by Lessee's cost, keep the premises negligent or intentional acts or omissions and every part thereof in good condition for all maintenance and repair except for damages from causes beyond of the control interior of Tenant and ordinary wear and tearthe Leased Premises to the extent same is not Lessor's responsibility under this Lease. Tenant shall upon Upon the expiration of the Term of or sooner prior termination of this Lease Lease, Lessee shall remove all property of Lessee from the Leased Premises, except leasehold improvements which may have been installed by Lessee and except as otherwise provided in this Lease, and surrender the Leased Premises to the Landlord Lessor "broom clean" in as good conditionorder and condition as they were upon Lessee commencing business, or were placed by Lessee thereafter, ordinary wear and tear and damage from causes beyond by casualty excepted. Any property left on the reasonable control Leased Premises after the expiration of the Tenant excepted. Unless specifically provided Term or other termination of this Lease may be disposed of by Lessor in an addendum any manner and without any liability to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectLessee.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant (a) Landlord shall at Tenant's costits expense and not as an Operating Expense, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the foundation and structural portions of the buildingBuilding. Landlord shall, as an Operating Expense (except as excluded herein), repair and maintain the exterior roof, the nonstructural components of the exterior walls of the Building and the improvements within the Common Areas including without limitation any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), parking areas, fences and signs (other than Tenant’s signs). Subject to the standard plumbingwaivers set forth in Paragraph 15, air conditioning, heating and electrical systems furnished by Landlord, unless to the extent any such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant or Tenant’s employees, its agents, employees contractors or invitees, in which case then Tenant shall pay to Landlord Landlord, as Additional Rent, the reasonable entire cost of such maintenance and repairs. Tenant Landlord shall give not, however, be obligated to paint the interior surface of exterior walls, ceiling or doors, nor shall Landlord be required to maintain, repair or replace interior doors, interior glass, skylights (if any) or plate glass. Landlord shall have no obligation to make repairs under this Paragraph 10.1(a) until a reasonable time after receipt of written notice of any required the need for such repairs (or maintenanceverbal notice in the event of an emergency). Landlord shall not be liable for any failure to maintain, repair or patch the roof membrane as an Operating Expense, and Tenant shall pay Tenant’s Share of the cost thereof, pursuant to perform Paragraph 4.2 above. Landlord shall have no obligation to alter, remodel, improve, decorate or paint the Premises or any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance part thereof, except as expressly provide in Exhibit C. Subject to supplemental cooling equipment required for Tenant's special needs are the responsibility Paragraphs 13(b) and 25.19 and other express provisions of Tenant. Except as specifically herein set forththis Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the building or Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Landlord shall use commercially reasonable efforts to coordinate such work with Tenant and perform such work in such a manner as to reasonably minimize the disruption of Tenant’s use of the Premises. Tenant expressly waives the right to make repairs at Landlord's expense under benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord’s expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease, except as expressly provided in this Lease. Notwithstanding the foregoing, in the event Landlord materially defaults in its obligation to repair or maintain the Building or the Premises as required, then Tenant may effect said repair or maintenance and deduct from rent an amount not to exceed the lesser of $75,000 or the reasonable and verifiable costs of said repair or maintenance, provided that (A) not less than thirty (30) days (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises) prior to effecting such repair or maintenance, Tenant delivers to Landlord written notice of the need for such repair or maintenance and of Tenant’s intention to effect such repair or maintenance, and (B) within thirty (30) days following Tenant’s notice (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises), Landlord fails to effect such repair or maintenance or, if such repair or maintenance requires longer than thirty (30) days to complete, Landlord has failed to take reasonable and diligent steps to effect such repair or maintenance and to proceed to pursue such repair or maintenance to completion.

Repairs and Maintenance. By taking possession Except for those repairs described in Schedule 11.1 and any other repairs Tenant has assumed herein, Landlord agrees, throughout the term of this Lease Agreement, to maintain and make any repairs and replacements, structural or otherwise, necessary to maintain the Premises, Tenant shall be deemed to have accepted the Leased Premises as being in good sanitary order, condition and repair, including but not limited to repairs to any (i) heating or air-conditioning system which shall include but not be limited to quarterly maintenance of the heating and air conditioning systems, (ii) all mechanical, water and sanitary sewer systems, (iii) replacements to common lighting fixtures, (iv) wiring and electrical systems, including, but not limited to the electrical switch gear, and (v) all replacements to common plumbing fixtures; provided, however, Landlord shall not be required to replace anything that Tenant has agreed and failed to maintain properly. Landlord shall also maintain the Common Areas, including but not limited to, driveways, parking lots, sidewalks, and water and sewer fixtures and lines located outside the Leased Premises, and perform any necessary ground maintenance, including snow removal, lawn-mowing and weed control. Tenant shall agrees at Tenant's costits expense, keep throughout the premises term of this Lease Agreement to maintain and every part thereof make any repairs necessary to maintain in good condition and repair except for damages from causes beyond the control non common electrical, lighting and plumbing fixtures and other items serving the Leased Premises that are not part of Tenant and ordinary wear and tearthe heating or air conditioning system. Tenant shall upon agrees, at its expense throughout the expiration or sooner termination term of this Lease surrender the Premises Agreement, to make those repairs described in Schedule 11.1. Any and all loss, injury, breakage or damage to the Landlord in good conditionLeased Premises or the Building of which they are a part, ordinary wear caused, directly or indirectly, by Tenant or its agents, contractors, employees and tear invitees, including individuals and damage persons making deliveries to or from causes beyond the reasonable control Leased Premises, except to the extent that the foregoing is inconsistent with the provisions of the Tenant excepted. Unless specifically provided "Waiver of Subrogation" set forth in an addendum to this Lease, Landlord shall have no obligation to alterbe repaired by Landlord. In the event such loss, remodelinjury, improvebreakage or damage is not covered by insurance, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition repairs of the premises or foregoing shall be made at the building except as specifically herein set forthsole expense of Tenant. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions Payment of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. repairs by Tenant shall give Landlord written notice of any required repairs or maintenancebe immediately due and payable as additional rent. Landlord This provision shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason in limitation of any injury to other rights and remedies which Landlord has or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter may have in effectsuch circumstances.

Repairs and Maintenance. By taking possession Landlord agrees, at its expense, to keep the foundations, sprinkler mains, structural systems and masonry walls of the Premises, Tenant shall be deemed to have accepted the Leased Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair, but Landlord shall not be liable to Tenant for any damage caused by the same being or becoming out of repair except until it has had reasonable opportunity to have the necessary repairs made after being notified in writing of the need for damages from causes beyond repair by Tenant. Without limiting the control generality of the foregoing, Landlord shall not be liable to Tenant for any damage to merchandise, trade fixtures, floor coverings, drywall, ceilings, lighting or personal property of Tenant and ordinary wear and tearin the Leased Premises caused by water leakage from water lines, roof leaks, sanitary sewage, storm drain, sprinkler or cooled air equipment. Tenant shall upon continue to pay Minimum Annual Rental, percentage rental and all other charges or items of additional rent during any period of repair. Tenant agrees, at Tenant's expense, to keep all other parts of the expiration or sooner termination of this Lease surrender the Leased Premises to the Landlord in good order and repair, and in a clean, sanitary and safe condition, ordinary wear including the replacement of equipment, fixtures and tear all plate glass, and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the interior and store front when necessary in order to maintain at all times a clean and sightly appearance. If Tenant refuses or neglects to make repairs and/or maintain the Leased Premises or any part thereof and the parties hereto affirm that Landlord has made no representations in a manner reasonably satisfactory to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisionsLandlord, Landlord shall repair and maintain have the structural portions of the buildingright, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case upon giving Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required its election to do so, to make such repairs or maintenance. Landlord shall not be liable perform such maintenance on behalf of and for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility account of Tenant. Except as specifically herein set forthIn such event, there such work shall be no abatement paid for by Tenant as additional rental promptly upon receipt of rent and no liability a xxxx therefor. If any damage is caused by any act, omissions or negligence of Landlord by reason of any injury to Tenant or interference with Tenant's business arising from the making of permittees, Tenant shall upon demand pay, or cause its insurance carrier to pay, for any necessary repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at all times during the term of this sublease and at Tenant's costsole cost and expense, keep maintain and repair the premises Premises and every part thereof (except only the parts for which expressly made the responsibility of the Landlord under the Prime Lease) and all equipment, fixtures and improvements therein (including walls, floors, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems) and keep all of the foregoing clean and in good condition order and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good operating condition, ordinary wear and tear excepted. Tenant shall not damage the Promises or disturb the integrity and support provided by any wall. Tenant shall, at Tenant's expense, promptly repair any damage from causes beyond to the reasonable control Premises caused by Tenant or any agent, officer, employee, contractor, licenses or invitee of Tenant. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish [ILLEGIBLE] at all times. Tenant excepted. Unless specifically provided shall not overload the floors in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and exceed the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition load-bearing capacity of the premises or floors in the building except as specifically herein set forthPremises. Notwithstanding the above provisionsTenant shall, at Tenant's expense, enter into a regularly scheduled preventive maintenance and service contract with a maintenance contractor approved in writing by Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioningfor servicing all hot water, heating and electrical air conditioning systems furnished by Landlord, unless such and equipment in the Premises. The maintenance and repairs are caused in part or in whole service contract shall include all services suggested by the actequipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Subleasee shall, neglectat the end of the term of this sublease, fault surrender to Landlord the Promises and all alterations, additions, fixtures and improvements therein, or omission of thereto in the same condition as when received, ordinary wear and tear excepted. Notwithstanding anything to the contrary contained in this section, Tenant's obligation under this section shall not include making (i) any duty repair and improvement necessitated by the Tenantnegligence or willful misconduct of Landlord, its agents, employees employees, servants or inviteescontractors, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance or (ii) any repair and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any improvement caused by Landlord's failure to repair perform its obligations under the Prime Lease or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are this sublease, as the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectcase may be.

Repairs and Maintenance. By taking possession Agent will make necessary repairs with commercially reasonable promptness after receipt of written notice from Tenant of the Premisesnature and extent of said condition requiring repair. Agent shall maintain, and/or repair/replace the plumbing, heating, cooling, electrical systems, and the exterior walls and roof of the Property. Tenant shall be obligated for the costs of such repairs, replacements, and related services if the need for such repairs, replacements, and related services results from the negligence or misuse by Tenant, other residents of the Property, or Tenant’s agents, servants, employees, invitees, or family members. Xxxxxx agrees to promptly notify Agent of any condition which is the obligation of Agent to repair or replace. Except as provided above, Tenant shall be deemed responsible for all other repairs and replacements to have accepted the Premises as being Property. Any damage to the wallpaper, paint, walls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or other improvements to the Property (to include burst water pipes due to freezing caused by neglect or carelessness of the Tenant, his family, or any of his guests), in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control excess of Tenant and ordinary wear and tear, shall be promptly repaired or replaced by tenant, at Tenant’s sole expense, so as to restore the Property to the same condition as existed prior to the commencement of the Term. If Tenant shall fail to make any such repair or replacement, Agent, in Agent’s sole discretion, may make such repair or replacement, in which event, the cost of such repair or replacement shall be added to and deemed a part of the rent and shall be payable by Tenant to Agent on demand. Agent shall have the same remedies for the collection of such costs as Agent has for the non-payment of rent under this Lease. Any damage to window glass or entry doors is the sole responsibility of the Tenant. Tenant shall upon furnish the expiration HVAC system filters, batteries, trash cans, janitorial services, electric light bulbs, fuses, or sooner termination any other services not specifically listed as supplied in this Lease Agreement at Tenant’s expense. As of the date of this Lease surrender Agreement, Agent warrants that the Premises to the Landlord Property sewage drains are in good conditionworking order and that they will accept the normal household waste for which they were designed. They will not accept items such as paper diapers, ordinary wear toys, sanitary napkins, tampon applicators, balls of hair, grease, table scraps (if no garbage disposal), clothing, rags, sand, dirt, newspapers, or similar items. Xxxxxx agrees to pay all expenses associated with clearing all drains of any and tear and damage from causes beyond all stoppages except those that the reasonable control plumber, who is called to clear the stoppage, will attest to in writing were caused by defective plumbing, tree roots, or act of God. Upon the failure of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, make any such repair, decorate or paint the Premises or any part thereof Agent, in Agent’s discretion, may make such repair and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance repair shall e added to and repairsdeemed a part of the rental sum, and shall be payable, on demand, by Tenant to Agent. Tenant The Agent shall give Landlord written notice have the same remedies for the collection of such costs as Agent has for non- payment of rent. Any such repairs made by Agent will be billed at market rates plus the cost of any required repairs or maintenancematerials. Landlord shall not When a maintenance request is made, the request will serve as notice to the Tenant that a maintenance technician will be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are entering the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter property in effectreasonable time.

Repairs and Maintenance. By taking possession The Landlord shall maintain the foundation, exterior walls (with the exception of glass; windows; doors; door closure devices; window and door frames; molding; locks and hardware) and exterior painting or other treatment of exterior walls, and the roof of the Premises, Tenant shall be deemed to have accepted the Leased Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to that the Landlord in good condition, ordinary wear and tear and damage shall not be required to make any repairs resulting from causes beyond the reasonable control negligence or acts of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition negligence on behalf of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agentsstaff, employees employees, sublessees, licensees and concessionaires. The Tenant shall be responsible for maintenance of the common areas and common area equipment and furnishings. Any such repairs and/or maintenance for which the Landlord would be responsible, the Tenant agrees to provide Landlord with written notice of the needed repairs and/or maintenance, and Landlord shall ensure that any repairs and/or maintenance covered hereunder shall be made and completed within a reasonable time frame. Tenant shall notify the Landlord of any emergency repairs to be made. Tenant shall keep the interior of the leased Premises in good, clean and workable condition and shall, at its sole expense, make all needed repairs and replacements, including replacement of cracked or inviteesbroken glass, in windows, doors, door closure devices, door and window frames, molding, locks and hardware, except for repairs and replacements required to be made by the Landlord under this section. In the event that any repairs required to be made by the Tenant hereunder are not made within 30 days after written notice delivered to the Tenant by the Landlord, the Landlord shall reserve the right and option to make or have said repairs made without liability to the Landlord for any loss or damage which case may result by reason of such repairs, and the Tenant shall pay to Landlord the reasonable Landlord, upon demand as additional rent hereunder, the cost of such maintenance and repairs. At the termination of this Lease, Tenant shall give Landlord written notice deliver the Leased Premises in good order and condition, normal wear and tear excepted. Normal wear and tear meaning the deterioration which results from normal use and not as an act of any required repairs carelessness, neglect, accident or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectabuse.

Repairs and Maintenance. By taking possession Tenant shall maintain at all times during the Term the Premises and all portions and components of the Premisesimprovements and systems contained therein in a first-class, Tenant shall be deemed to have accepted the Premises as being in good sanitary ordergood, condition clean, safe, and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good operable condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for permit or allow to remain any failure to repair waste or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements damage to any portion of the building Premises. Tenant shall repair or replace, as needed, subject to Landlord's direction and supervision, any damage to the Building or the Project caused by Tenant or any Tenant Party. If any such damage occurs outside of the Premises or relates to fixturesany Building system and is caused by Tenant or any Tenant Party, appurtenances or if Tenant fails to perform Tenant's obligations under this Paragraph 7.2 or under any other paragraph of this Lease within ten (10) days' after written notice from Landlord (except in the case of an emergency, in which case no notice shall be required), then Landlord may elect to perform such obligations and equipment thereinrepair such damage itself at Tenant's expense. The cost of all repair or replacement work performed by Landlord under this Paragraph 7.2, plus an administrative charge of ten percent (10%) of such cost, shall be paid by Tenant to Landlord within thirty (30) days of receipt of Landlord's invoice therefor as Additional Rent. Tenant hereby waives the right to make repairs at Landlord's expense under any lawall common law and statutory rights or provisions inconsistent herewith, statute or ordinance whether now or hereafter hereinafter in effect.effect (including, without limitation, Sections 1941, 1941.1, and 1941.2 of the California Civil Code, as amended from time to time). Landlord shall use reasonable efforts to maintain the common areas of the Project at all times during the Term with the cost thereof constituting an Operating Expense under Paragraph 3.2. Landlord shall maintain in good repair, reasonable wear and tear excepted, the structural soundness of the roof, foundations, and exterior walls of the Building. The term "exterior walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries; provided, however that Tenant shall in no event be liable

Repairs and Maintenance. By taking possession The TENANT will, at TENANT's sole cost and expense, keep the Demised Premises in good repair and tenantable condition during the term of this Lease. The repair and maintenance of the whole of the Demised Premises, including without limitation, the nonstructural interior portions of the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and air conditioning systems, shall be the sole responsibility of the TENANT at the TENANT's expense. The TENANT shall at its own cost and expense, enter into an annual contract for regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by the LANDLORD, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Provided, if the Tenant enters into the above referenced contract, Landlord shall replace any existing compressors that will not function. The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to be furnished to the TENANT and the LANDLORD at the end of each calendar year. The LANDLORD may, but shall not be required to, upon notice to the TENANT, elect to enter into such maintenance/service contract on behalf of the TENANT or perform the work itself, and in either case, charge TENANT therefore, together with a reasonable charge of overhead. The LANDLORD agrees to repair and maintain in good order and condition the roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the structural integrity of the interior and exterior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession of Lessor shall maintain the Premisesroof, Tenant shall be deemed to have accepted the Premises as being in good sanitary orderfoundation, condition exterior walls, floor, parking area, walkways, plumbing, electrical systems, and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof area landscaping in good condition and repair at his own expense, including without limitation snow removal, except for damages from causes beyond that Lessee shall repair any damage to such through its business operations of occupancy of the control of Tenant and ordinary buildings, reasonable wear and teartear excluded. Tenant Lessee shall upon maintain the expiration balance of the premises and appurtenances, including heating and air conditioning units, in good condition and repair at its expense. Lessor hereby represents and warrants that all heating, ventilation, air conditioning, mechanical, electrical and plumbing systems and equipment in or on the Leased Premises are in good condition and repair and are in operable and serviceable condition. Lessor shall be responsible for all capital expense with regards to the HVAC units provided Lessee has properly maintained the units during the term of this lease. Lessee is responsible for all normal maintenance expense of the HVAC units to include but not limited to service calls, filter changes, lubrication. Lessee acknowledges that the premises are in good order and repair and agrees that on the last day of said term or sooner termination of the lease, it will surrender said premises to Lessor in as good condition as they are at the commencement of the term of this Lease surrender lease, reasonable use and wear, damage by fire, act of God or by the Premises elements of other casualty excepted. If Lessee shall fail to keep said premises properly repaired after thirty (30) days of receipt of written notice from Lessor, Lessor may do so but is not obligated, and the actual costs of such repair shall be paid by Lessee with the next installment of and as rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers' warranties related to the Landlord leasehold improvements in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant exceptedLeased Premises. Unless specifically provided in When Lessor has an addendum to this Lease, Landlord shall have no obligation to alterrepair or maintain, remodelLessor shall maintain, improverepair or replace such item(s) or area(s) within thirty (30) days after receipt of written notice from Lessee, unless, due to the nature of such repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations more than thirty (30) days are needed to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or inviteesrepair, in which case Tenant Lessor shall pay begin such repair within thirty (30) days and diligently pursue such repair to Landlord completion. If the reasonable cost nature of such maintenance and repairs. Tenant the repairs requires immediate attention, Lessor shall give Landlord written commence repairs as soon as reasonably possible after notice of any required repairs or maintenancethe same. Landlord Lessor shall not be liable accept facsimile notice for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Tenant shall at Tenant's cost, keep excepting the premises and every part thereof Punch List Items, any defects (or noncompliance with laws) in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises noted by Tenant in writing to the Landlord during the Warranty Period and latent defects in good conditionthe construction done by Landlord, ordinary wear its agents, employees, contractors, and tear subcontractors. Tenant shall, at Tenant’s sole cost and damage from causes beyond expense, maintain the reasonable control Premises, in good, clean and first-class condition and repair. Without limiting the generality of the foregoing, Tenant exceptedshall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used in the original construction. Unless specifically provided In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in an addendum the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to this LeaseLandlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthforth in this Lease. Notwithstanding Under no circumstances shall Tenant make any repairs to the above provisionsBuilding or to the mechanical, Landlord shall repair and maintain the structural portions electrical or heating, ventilating or air conditioning systems of the building, including Premises or the standard plumbing, air conditioning, heating and electrical systems furnished by LandlordBuilding, unless such maintenance and repairs are caused previously approved in part or in whole writing by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinLandlord. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs at Landlord's expense and deduct expenses of such repairs from the Rent due under any law, statute or ordinance now or hereafter in effectthis Lease.

Repairs and Maintenance. By taking possession of The Sublessee, at its sole cost and expense, shall keep the Demised Premises, Tenant shall be deemed including the Fixtures and Miscellaneous Personal Property, in a clean, neat and orderly condition at all times, including cleaning, janitorial and trash compaction and pickup. Further, Sublessee shall, at its own expense, make all necessary repairs to have accepted the Premises Demised Premises, including the Fixtures and Miscellaneous Personal Property, other than the repairs that American is responsible for as being provided below, so as to maintain the Demised Premises, including the Fixtures and Miscellaneous Personal Property, in good sanitary order, condition order and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary reasonable wear and tear excepted. Sublessee shall be responsible for replacing or refurbishing Fixtures and damage Miscellaneous Personal Property that is lost, stolen, destroyed or worn out, but shall obtain American's and Landlord's prior written approval prior to such replacement or refurbishment. In the event that Sublessee fails to make any required repair or replacement or refurbishment within ten (10) days after receiving written notice from causes beyond American that such repair or replacement or refurbishment is needed, in cases where such repair, replacement or refurbishment is capable of being completed within ten (10) days, or in other cases in the reasonable control event that Sublessee falls within ten (10) days to commence and thereafter diligently pursue completion of such repair or replacement or refurbishment, American, without being obligated to do so, may make such repairs or replacements or refurbishments and Sublessee shall thereafter promptly reimburse American for all expenses incurred on account thereof. Subject to Section 13 hereof, American shall make all necessary structural repairs to the walls, roof, exterior, plumbing, electrical and HVAC system of the Tenant Demised Premises so as to maintain such items in good order and condition, reasonable wear and tear excepted. Unless specifically Other than repairs required due to damage or destruction resulting from fire or other casualty provided for in an addendum to this LeaseSection 13, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant Subtenant shall pay to Landlord the reasonable cost of such maintenance and repairsrepair in accordance with the Common Use Formula as provided in Section 5.A.(ii). Tenant shall give Landlord In the event that American fails to commence and diligently pursue completion of any such required repair within 60 days after receiving written notice of any required from Sublessee that such repair is needed, Sublessee, without being obligated to do so, may make such repairs or maintenance. Landlord and American shall not be liable thereafter promptly reimburse Sublessee for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectall expenses incurred on account thereof.

Repairs and Maintenance. By taking possession Landlord agrees, at its expense, to keep the roof, foundations, plumbing, -------- sprinkler mains, structural systems, and curtain walls of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof including --------- plate glass in good condition and repair, but Landlord shall not be obligated to ----------- repair except for damages from causes beyond any such damage caused by the control same being or becoming out of Tenant and ordinary wear and tear. Tenant shall upon repair until it has had reasonable opportunity to have the expiration or sooner termination of this Lease surrender the Premises to the Landlord same repaired after being notified in good condition, ordinary wear and tear and damage from causes beyond the reasonable control writing of the Tenant exceptedneed of same by Tenant. Unless specifically provided in an addendum to this Lease, In no way shall Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or incur any part thereof expense for such repairs and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall maintenance where such repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished maintenance is occasioned by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance's negligence. Landlord shall not be liable to Tenant for any failure damage to repair trade fixtures or personal property of Tenant in the premises caused by water leakage from roof, water lines, sprinkler or heating and air conditioning equipment. Landlord agrees to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance maintain all heating, ventilating and cooling systems and all elevators and escalators within the Development and Tenant agrees to supplemental cooling equipment required reimburse Landlord for Tenant's special needs are pro rata share of said expenses on a pro rata basis in the responsibility same manner as is set forth in Articles 3.02 and 20 herein. Tenant agrees, at Tenant's expense, to keep all other parts of the premises, in good order and repair, clean, sanitary and safe, including the replacement of equipment, fixtures and any non-standard electrical wiring fixtures or equipment and to paint the interior when necessary in order to maintain at all times a clean and sightly appearance. If Tenant refuses or neglects to make repairs and/or maintain the premises, or any part thereof, in a manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. Except as specifically herein set forthIn such event, there such work shall be no abatement paid for by Tenant as Additional Rent promptly upon receipt of rent a xxxx therefor, which shall include amounts for profit and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinoverhead. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.Illegible ---------- Initials -5-

Repairs and Maintenance. By taking possession of The Premises hereby leased are leased to Tenant "AS IS." Landlord shall be under no liability, nor (except as provided in Paragraph 20 below) have any obligation to do any work or make any repairs in or to the Premises, Tenant shall and any work which may be deemed necessary to have accepted outfit the Premises as being in good sanitary order, condition and repair. Tenant shall at for Tenant's cost, keep occupancy or for the premises and every part thereof in good condition and repair except for damages from causes beyond operation of Tenant's business therein is the control sole responsibility of Tenant and ordinary wear shall be performed by Tenant at its own cost and tearexpense. Tenant shall upon the expiration or sooner termination of this Lease surrender acknowledges that it has fully inspected the Premises prior to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control execution of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm Tenant further acknowledges that Landlord has made no warranties or representations with respect to Tenant respecting the condition or state of repairs of the premises or Premises. Tenant will, during the building except as specifically herein set forth. Notwithstanding term of this Lease, keep the above provisionsPremises and appurtenances (including window, Landlord shall repair and maintain the structural portions of the buildingdoors, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance facilities and installations) in good order and repair and will make all necessary repairs are caused in part or in whole by to the act, neglect, fault or omission exterior walls and roof of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsPremises. Tenant shall give Landlord also maintain any driveways and parking areas designated for its exclusive use. Tenant will, at the expiration of the term of this Lease, or at the sooner termination thereof by forfeiture or otherwise, deliver the Premises in good order and condition, reasonable wear and tear excepted. In the event Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it within forty-eight (48) hours after receiving written notice from Landlord to make such repairs of any required repairs or maintenance. perform such obligation, then and in such event, Landlord shall not be liable may, at its option, enter the Premises and do and perform the things specified in said notice, without liability on the part of Landlord for any failure loss or damage resulting from any such action by Landlord and Tenant agrees to repair pay promptly upon demand any cost or to perform any maintenance unless expense incurred by Landlord in taking such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectaction.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, its own cost and expense keep and maintain all parts of the premises Premises and every part thereof in good condition and repair except for damages from causes beyond such portion of the Development within the exclusive control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, including but not limited to, windows, glass and plate glass, doors, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, water heaters, dock boards, truck doors, dock bumpers, and plumbing work and fixtures. Tenant as part of its obligation hereunder shall keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and damage from causes beyond falling temporarily out of repair, and upon termination of this Lease in any way, Tenant will yield up the reasonable control of the Tenant Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be secured pursuant to Section 13.01 excepted. Unless specifically provided in an addendum Tenant shall, at its own cost and expense, as additional rent, pay for the repair of any damage to this Leasethe Premises, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises Building or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are Development resulting from and/or caused in part whole or in whole part by the act, neglect, fault negligence or omission misconduct of any duty by the Tenant, its agents, employees servants, employees, patrons, customers, or invitees, in which case Tenant shall pay to Landlord any other person entering upon the reasonable cost Development as a result of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising activities or caused by Tenant's default hereunder. Landlord agrees to use its best efforts to have all system warranties received from the making general contractor of subcontractors issued in the name of Landlord and Tenant, provided, however, that Tenant shall only have rights under the system warranties during the rental term including any repairsextended term. If a system warranty cannot be issued in the joint name of Landlord and Tenant, alterations or improvements then Tenant's obligation to any portion of replace a system shall be limited to the building or extent not covered under the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectsystem warranty.

Repairs and Maintenance. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, excepting the Punch List Items and latent defects in the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (pursuant to which Landlord is to undertake various repair and maintenance), Tenant shall shall, at Tenant's cost’s sole cost and expense, keep maintain the premises Premises, in clean and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good conditionrepair, ordinary wear and tear and damage from causes beyond casualty excepted. Without limiting the reasonable control generality of the foregoing, Tenant exceptedshall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to the extent the foregoing are nonstructural elements of the Building, using the same quality of materials as used in the original construction. Unless specifically provided in an addendum In addition, Tenant shall be responsible for all repairs made necessary by Tenant or Tenant’s invitees, Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthforth in this Lease. Notwithstanding Under no circumstances shall Tenant make any repairs to the above provisionsBuilding or to the mechanical, Landlord shall repair and maintain the structural portions electrical or heating, ventilating or air conditioning systems of the building, including Premises or the standard plumbing, air conditioning, heating and electrical systems furnished by LandlordBuilding, unless such maintenance and repairs are caused previously approved in part or in whole writing by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment thereinLandlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs at Landlord's expense and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. In no event shall Tenant be responsible for repairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be responsible for the correction or repair of any lawlatent defect in the Premises, statute or ordinance now any condition, dilapidation or hereafter in effectdefect of which Landlord has actual knowledge prior to the Commencement Date.

Repairs and Maintenance. By taking possession 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain all interior portions of the Demised Premises including without limitation all building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems in a clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be deemed responsible for all repairs in and to have accepted the Demised Premises as being and the Building (including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in good sanitary orderthe Demised Premises, condition and repair(c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Tenant shall at Tenant's costpromptly replace all scratched, keep damaged or broken doors and glass in and about the premises Demised Premises and every part thereof shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in good condition the Demised Premises and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions maintenance of the building, including the standard plumbing, air conditioning, heating all sanitary and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances fixtures and equipment therein. Tenant waives shall promptly make all repairs in or to the right Demised Premises for which Tenant is responsible, and any repairs required to make be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) reasonably approved by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at LandlordTenant's expense under expense; but Landlord may, at its option, before commencing any lawsuch work or at any time thereafter, statute or ordinance now or hereafter require Tenant to furnish to Landlord such security, in effectform (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant.

Repairs and Maintenance. By taking possession A. Landlord shall, (i) at Landlord’s expense (unless otherwise provided for herein), keep the foundations, roof and structural portions of the Building, including, but not limited to, the walls of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint and (ii) subject to reimbursement, as set forth below, replace the Premises or HVAC (as hereinafter defined) and/or any part thereof and the parties hereto affirm electrical systems that are in need of replacement (each, a “Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forthReplacement Item”). Notwithstanding the above provisionsforegoing, Landlord shall repair and maintain any repairs required to the structural portions foregoing items by reason of the buildingacts or omissions of Tenant, including the standard plumbingTenant’s employees, air conditioningagents, heating and electrical systems furnished invitees, licensees or contractors shall be completed by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsat Txxxxx’s expense. Tenant shall give Landlord written notice of any required the necessity for repairs or maintenancecoming to the attention of Txxxxx, following which Landlord shall promptly undertake and complete such repairs. Landlord shall not be liable for any damage occasioned by its failure to keep the Premises in repair unless Landlord is obligated to make such repairs under the terms hereof, notice of the need for such repairs has been given Landlord, a reasonable time has elapsed following such notice, and Lxxxxxxx has failed to make such repairs. The provisions of this paragraph shall not apply in the case of damage or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs destruction by fire or maintenance to supplemental cooling equipment required for Tenant's special needs are other casualty or by eminent domain, in which events the responsibility obligations of Tenant. Except as specifically herein set forth, there Landlord shall be no abatement controlled by Paragraph 13 or Paragraph 15, as the case may be. In the event that Tenant contracts for or undertakes repairs which are Landlord’s obligations hereunder, without the prior written consent of rent Landlord, the costs of such repairs shall be paid for by Tenant within ten (10) days of billing therefor. In the event a Landlord Replacement Item needs to be replaced (or a major repair in connection with the parking area pursuant to Section 11 hereunder is required), then Landlord shall pay for such replacement (or major repair) and no liability Tenant shall reimburse Landlord the annual cost of Landlord by reason of any injury to such replacement (or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effectmajor repair) which shall be amortized over its useful life.

Repairs and Maintenance. By taking possession of Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the Demised Premises, Tenant shall be deemed including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and connections to have accepted the Premises as being Demised Premises, sprinkler mains, if any, structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) in good sanitary order, condition and repair. In the event the Demised Premises become or are out of repair and not in good condition due to the failure of Tenant shall at Tenant's cost, keep to comply with the premises terms of this Article 7 and every part thereof in if any and all repairs necessary to restore the Demised Premises to a state of good condition and repair except for damages from causes beyond the control are not completed within ten (10) days after Tenant has received written notice of Tenant such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and ordinary wear and tear. Tenant shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice to Tenant or (ii) prosecute such repairs itself and add the expiration or sooner reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder. Notwithstanding the foregoing in the case of an emergency, Landlord shall have the right to prosecute immediately any and all necessary repairs and shall deliver contemporaneous notification to Tenant of the emergency and related repairs and add the reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, as determined by Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably practicable. Upon termination of this Lease surrender for any reason, Tenant shall return the Demised Premises to the Landlord in good conditionsubstantially the same condition it is in on the date hereof, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or maintenance. Landlord shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Repairs and Maintenance. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Unless specifically provided in an addendum to this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the buildingBuilding (including water tightness thereof) and Project, including including, without limitations, roofing and covering materials, foundations, exterior walls, the standard plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, heating elevator, and electrical systems furnished by Landlordthereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), unless such maintenance and or repairs are caused required in whole or in part or in whole by the because of any act, neglect, fault of or omission omissions of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Landlord, at its sole cost and expense and not as an Operating Expense, shall be responsible for maintaining the structural integrity of the roof, the exterior walls and the floor slabs of the Building. In the event that Tenant desires to independently arrange for certain services otherwise furnished by Landlord (other than landscaping), Tenant shall give notice to Landlord written notice of any required repairs or maintenance. Landlord such desire and, subject to Landlord’s approval, which approval shall not be liable for unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the entire cost therefor directly to the provider thereof and no costs associated with any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the responsibility of Tenant. Except as specifically herein set forth, there service shall be no abatement of rent and no liability of included in Operating Expenses. In the event Landlord by reason approves of any injury to or interference with Tenant's business arising from the making of any repairssuch arrangement, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein. Tenant waives Landlord reserves the right to make repairs at monitor the work or services provided by any such provider. Upon request by Landlord in the event that Landlord is dissatisfied with a provider or with the work or services provided, Tenant shall terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord's expense under ’s request to effect such termination. In addition, upon request by Landlord Tenant shall promptly furnish to Landlord copies of all documents, contracts, work orders and other instruments executed in connection with any law, statute or ordinance now or hereafter in effectsuch arrangement.