Common use of Repairs and Yielding Up Clause in Contracts

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in Section 5.1, or elsewhere within this Lease, to keep the Premises in good order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to the extent such is the property of Tenant, if applicable), reasonable wear and tear and damage caused by negligence or willful misconduct of Landlord excepted. Tenant shall also be responsible to keep in good order, repair and condition, reasonable wear and tear thereof excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It being agreed that the exclusion of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair;

Repairs and Yielding Up. Except as otherwise provided in Article 7 or VII and in Section 5.15.1.3, and reasonable wear and damage or elsewhere within this Leasedestruction by casualty or eminent domain excepted, to keep the interior, non-structural and non-building system elements of the Premises and all fixtures thereon and therein in good repair, operating condition and working order at Tenant’s cost and expense (including those maintenance and repairs to the Tenant’s Improvements and Tenant’s Construction Work as aforesaid); make and perform or cause to be made or performed all interior maintenance, repairs and replacements necessary to keep the Premises in good order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to the extent such is the property of Tenant, if applicable), reasonable wear and tear and damage caused by negligence or willful misconduct of Landlord excepted. Tenant shall also be responsible to keep in good order, repair and condition, reasonable wear including, without limitation, by their inclusion, interior repainting and tear thereof exceptedreplacement of glass damaged or broken and of floor and wall coverings torn or damaged. Such tenant repair, maintenance and replacement obligations shall include, but not be limited to, the HVAC systems serving the Building, the elevators and certain components of the life safety responsibility for any security system or communications systems within the Building, and shall perform all of such services as set forth in Exhibit D-2Premises. Landlord and reserves its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable timesand repair and replacement of said systems, and if in LandlordLandlord is reasonably dissatisfied with Tenant’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required hereinmaintenance and repair and replacement of said systems, then Landlord shall provide Tenant with written Landlord, after notice regarding such failure, which shall include specific reference and a reasonable opportunity to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In cure (except in the event that of emergency), shall have the right to require Tenant does not have a good faith objection to change maintenance contractors or assume such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premisesresponsibility itself, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2Tenant’s cost (i.e. chargeable under Section 4.2 hereof). Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At further covenants, at the expiration or termination of this Lease Lease, peaceably to yield up the Premises and all changes and additions therein in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any itemsTenant, the removal of which is required by agreement or specified therein to be removed at Tenant’s 's election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It being agreed that the exclusion of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repairdisposition;

Repairs and Yielding Up. Except as otherwise provided in Article 7 VII and Section 5.1.3, and reasonable wear and damage or destruction by casualty or eminent domain excepted, to keep the interior, non-structural and non-building system elements of the Premises and all fixtures thereon and therein in Section 5.1good repair, operating condition and working order, at Tenant’s cost and expense; to make and perform or elsewhere within this Leasecause to be made or performed all interior maintenance, repairs and replacements necessary to keep the Premises in good ordersuch condition, repair including, without limitation, by their inclusion, interior repainting and condition replacement of interior glass damaged or broken (including except that if exterior glass is damaged or broken due to any supplemental air conditioning, UPS and computer room equipment, to act or omission on the extent such is the property part of Tenant, if applicable)its subtenants, reasonable wear and tear and damage caused by negligence contractors, licensees or willful misconduct other party acting on behalf of Tenant, then Landlord excepted. Tenant shall also be responsible to keep in good orderrepair and/or replace such damaged or broken glass, repair at Tenant’s sole cost and conditionexpense) and of floor and wall coverings torn or damaged. Such tenant repair, reasonable wear maintenance and tear thereof excepted, the HVAC systems serving the Building, the elevators replacement obligations shall be performed at Tenant’s cost and certain components of the life safety systems within the Buildingexpense, and shall perform all of such services as set forth in Exhibit D-2include, but not be limited to, the responsibility for any security system within the Premises. Landlord and reserves its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable timesand repair and replacement of such units and systems, and if in LandlordLandlord is reasonably dissatisfied with Tenant’s reasonable judgment maintenance and repair and replacement of such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required hereinunits and systems, then Landlord shall provide have the right to require Tenant with written notice regarding to change maintenance contractors or assume such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premisesresponsibility itself, at a commercially reasonable Tenant’s cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At further covenants, at the expiration or termination of this Lease Lease, peaceably to yield up the Premises and all changes and additions therein in such order, repair and condition, damage by fire or other casualty excepted, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It being agreed that the exclusion of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repairdisposition;

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in and Section 5.1, or elsewhere within this Lease5.1.3, to keep the Premises in as good order, repair and condition as exist on the date the Premises are Ready for Occupancy (including any supplemental air conditioningexcepting only reasonable wear; damage by fire, UPS and computer room equipmentcasualty or act of God; the effect of eminent domain; Hazardous Materials not stored, to the extent such is the property used, released or disposed of by Tenant, if applicable)its agents, reasonable wear and tear employees, contractors or invitees; and damage caused by negligence the act or willful misconduct omission of Landlord excepted. Tenant shall also be responsible to keep in good orderor its employees, repair and conditionagents, reasonable wear and tear thereof excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Buildingor contractors), and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein made by Tenant after the date the Premises are Ready for Occupancy as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement Section 3.1 above or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may may, upon five (5) days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and reasonable expense incurred by it by effecting such removal and disposition and in making any damage resulting therefrom. It incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the term; it being agreed that the exclusion acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair. Notwithstanding the foregoing, (a) under no circumstances shall Tenant be obligated to restore the Premises to the condition existing prior to the date on which the Premises are Ready for Occupancy and (b) Tenant shall have the right, exercisable in Tenant’s sole discretion, to remove any personal property the purchase of which was paid for by Tenant or financed by Tenant through Fixed Rent provided Tenant repairs any damage caused by such removal;

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in and Section 5.1, or elsewhere within this Lease5.1.3, to keep the Premises in good substantially the same order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to as exists on the extent such is the property of Tenant, if applicable)Commencement Date, reasonable wear and tear and damage caused by negligence fire, casualty or willful misconduct act of Landlord excepted. Tenant shall also be responsible to keep in good orderGod, repair the effect of eminent domain and conditionHazardous Materials not stored, reasonable wear and tear thereof used, released or disposed of by Tenant, its agents, employees, contractors or invitees only excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein after initial construction and as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement Section 3.1 above or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may may, upon ten (10) business days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It disposition; it being agreed that the exclusion acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair; for avoidance of doubt, Landlord acknowledges that the original buildout of the Premises shall not be deemed improvements that must be removed by Tenant at the end of the Term;

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in and Section 5.1, or elsewhere within this Lease5.1.3, to keep the Premises in good order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to the extent such is the property of Tenant, if applicable), reasonable wear and tear and damage caused by negligence or willful misconduct of Landlord excepted. Tenant shall also be responsible to keep in good order, repair and condition, reasonable wear and tear thereof and damage by fire, casualty or act of God, the effect of eminent domain and Hazardous Materials not stored, used, released or disposed of by Tenant, its agents, employees, contractors or invitees only excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein after initial construction and as designated by Landlord pursuant to its right to do so as improvements to be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement Section 3.1 above or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may may, upon ten (10) business days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and reasonable expense incurred by it by effecting such removal and disposition and in making any damage resulting therefrom. It incidental repairs and replacements to the Premises for use and occupancy during the period after the expiration of the Term; it being agreed that the exclusion acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair; for avoidance of doubt, Landlord acknowledges that the original buildout of the Premises shall not be deemed improvements that must be removed by Tenant at the end of the Term;

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in and Section 5.15.1.3, or elsewhere within this Lease, to Tenant shall keep the Premises in good substantially the same order, repair and condition as exists on the Commencement Date, except for (including any supplemental air conditioning, UPS and computer room equipment, to the extent such is the property of Tenant, if applicable), i) reasonable wear and tear tear, (ii) damage by fire, casualty or act of God, (iii) the effect of eminent domain and Hazardous Materials not introduced by Tenant, its agents, employees, contractors or invitees, and (iv) damage caused by negligence or willful misconduct of Landlord excepted. Tenant shall also be responsible to keep in good order, repair and condition, reasonable wear and tear thereof excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable costemployees or contractors, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At at the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein therein, other than changes or alterations that Tenant is obligated to remove pursuant to Section 6.1.15 (which shall be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is condition as required by agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, hereunder and repairing all damage caused by such removal removal) and restoring changes or alterations that Tenant elects to remove in accordance with Section 6.1.15, and leaving the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any property that Tenant is required to remove and that is not so removed by Tenant shall be deemed abandoned and may may, upon ten (10) business days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It disposition; it being agreed that the exclusion acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair;. For avoidance of doubt, all improvements, changes and additions comprising the Landlord’s Work shall become part of the Premises and shall remain therein at the end of the Term, and Tenant shall have no obligation to remove the Landlord’s Work or to restore the Premises to its original condition at the end of the Term or earlier expiration thereof, except Tenant’s moveable trade fixtures, equipment and personal property, all of which fixtures, equipment, furniture and personal property shall remain the property of the Tenant and shall be removed at the expiration of the Term. Tenant agrees to repair, at its sole

Repairs and Yielding Up. Except as otherwise provided in Article 7 or in and Section 5.1, or elsewhere within this Lease5.1.3, to keep the Premises in good substantially the same order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to as exists on the extent such is the property of Tenant, if applicable)Commencement Date, reasonable wear and tear and damage caused by negligence fire, casually or willful misconduct act of Landlord excepted. Tenant shall also be responsible to keep in good orderGod, repair the effect of eminent domain and conditionHazardous Materials not stored, reasonable wear and tear thereof used, released or disposed of by Tenant, its agents, employees, contractors or invitees only excepted, the HVAC systems serving the Building, the elevators and certain components of the life safety systems within the Building, and shall perform all of such services as set forth in Exhibit D-2. Landlord and its agents reserve the right to inspect the foregoing to insure proper maintenance at all reasonable times, and if in Landlord’s reasonable judgment such systems are not being adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately provided, as required herein, then Landlord shall provide Tenant with written notice regarding such failure, which shall include specific reference to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from Landlord of notification thereof. In the event that Tenant does not have a good faith objection to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunder. At the expiration or termination of this Lease peaceably to yield up the Premises and all changes and additions therein after initial construction and as designated by Landlord pursuant to its right to do so as Improvements to be removed on termination in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement Section 3.1 above or specified therein to be removed at Tenant’s election and which Tenant elects to remove, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may may, upon ten (10) business days’ prior written notice to Tenant, be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It disposition; it being agreed that the exclusion acceptance of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair; for avoidance of doubt, Landlord acknowledges that the original buildout of the Premises shall not be deemed improvements that must be removed by Tenant at the end of the Term;

Repairs and Yielding Up. Except as otherwise provided in Article 7 VII and Section 5.1.3, and reasonable wear and damage or in Section 5.1, destruction by casualty or elsewhere within this Leaseeminent domain excepted, to keep the Premises and all fixtures therein in good order, repair and condition (including any supplemental air conditioning, UPS and computer room equipment, to the extent such is the property of Tenant, if applicable), reasonable wear and tear and damage caused by negligence or willful misconduct of Landlord exceptedworking condition. Tenant shall also be responsible solely responsible: (i) to make and perform or cause to be made or performed all interior maintenance, repairs, and replacements necessary to keep the Premises in such condition, including, without limitation, interior re-painting and replacement of glass damaged or broken and of floor and wall coverings worn or damaged; (ii) to keep all interior plumbing, lighting, elevator, heating, ventilating, air conditioning and other utility, life safety and mechanical systems in the Premises properly maintained and operating in good orderoperating condition and in accordance with any manufacturer’s warranty and product standards, with fully licensed contractors and under contracts, each reasonably acceptable to Landlord, qualified to perform the same; (iii) to maintain and repair all sewer lines serving the Lot, utility, fire main and conditionfire hydrant facilities, reasonable wear and tear thereof excepted, the HVAC systems drainage facilities serving the Building, and keep the elevators same in good and certain components proper condition; (iv) to maintain and repair the Building entrance signs, and other signage on the Building and elsewhere in the Park, and keep the same in good and proper condition; (v) to maintain, repair and stripe the Building Parking Areas and loading areas, including snow removal and sanding of driveways, walkways, loading areas, Building entrances and parking lots, as well as the Common Areas of the life safety systems Park, including all common driveways drives, walkways and parking areas or structures; (vi) to fertilize, mow and water the lawn and maintain the landscaping and care of shrubbery on the Lot, including general grounds upkeep; (vii) to maintain street-lamp lights, walkway lights, and parking lights, including the changing thereof, and to keep the same in good and proper condition; (viii) to keep all exterior plumbing, storm water, wastewater and utility lines in good and proper condition, (ix) to maintain and repair the Park entrance signs, lighting, traffic signals, and traffic control personnel required for the Park, and keep the same in good and proper condition; (x) to maintain and repair sewer, utilities, and drainage facilities, maintenance and repair of detention and fire main and fire hydrant facilities which service the Park and are not exclusive to any single Building within the BuildingPark, and keep the same in good and proper condition; and (xi) to maintain by fertilizing, mowing and watering, the Common Areas of the Park, including all common lawns and landscaping and care of shrubbery and general grounds upkeep of access drives, entrance areas and other such common portions of the Park; provided, however, Tenant’s obligations under clauses (i)- (xi) above shall be limited to the routine day-to-day maintenance and repair of said items and in no event shall Tenant have any obligation to make or perform and capital repairs or replacements, and Landlord shall perform all other repairs and replacements of said items in accordance with Section 5.1.3 above. Tenant shall engage an independent, qualified and reputable third party property management company with experience in managing large office buildings comparable to the Building (“Tenant’s Property Manager”) to manage the services described in this Section 6.1.2 and any supplemental services which Tenant shall require. Tenant’s Property Manager shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of Xxxxxxx & Xxxxxxxxx, CBRE and Xxxxx Lang LaSalle as an acceptable Tenant’s Property Manager. Tenant shall pay Tenant’s Property Manager’s management fees and expenses and any applicable vendors for the costs and expenses of providing such services as set forth in Exhibit D-2unless otherwise required to be paid by Landlord under this Lease, and such costs shall be excluded from CAM Costs. Landlord and its agents reserve the right to inspect the foregoing items noted on (ii) —(xi) above to insure proper maintenance at all reasonable timesthereof. If Landlord, and if in Landlord’s reasonable judgment determines that any of such systems are items noted in (ii)—(xi) above have not being been properly and adequately maintained and/or such services set forth on Exhibit D-2 are not being adequately providedmaintained, as required hereinherein required, then Landlord shall provide Tenant with Landlord, after written notice regarding such failureto Tenant and expiration of the applicable grace period, which shall include specific reference have the right to items of concern and Tenant shall promptly remedy such maintenance deficiency upon receipt from and apportion all reasonable costs of such inspections and maintenance to Tenant pursuant to Section 4.2.1 hereof (i.e. as Cam Costs), Landlord of notification thereof. In and Tenant hereby agreeing that written notice or grace period shall not apply in the event that Tenant does not have a good faith objection of an emergency to such request for maintenance, Tenant shall complete the requested maintenance and provide Landlord with reasonable proof thereof within fifteen (15) business days after receipt of Landlord’s notice. If after expiration of such cure period, Tenant fails to correct the same, then Landlord may revoke its prior approval of such in-house maintenance and require that Tenant allow Landlord (persons or its agents) to maintain such HVAC systems and/or elevators and/or to perform such other services as provided in Exhibit D-2, whereupon the parties shall execute an amendment to this Lease wherein the Fixed Rent and Exhibit D-1 and Exhibit D-2 of this Lease shall be modified accordingly. In addition, Tenant agrees to supply heating, ventilation and air conditioning as required to provide reasonable comfortable temperatures for normal business day occupancy and after hours (as so requested) to the remaining space within the Building not included within the Premises, at a commercially reasonable cost, and to provide cleaning to such areas and any other services as set forth in Exhibit D-2. Tenant agrees to supply to Landlord inspection records within one (1) business day of Landlord’s written request for such records for the services being provided by Tenant hereunderproperty. At the expiration or termination of this Lease Lease, Tenant shall peaceably to yield up the Premises and all changes and additions therein in such order, repair and condition, first removing all personal property, goods and effects of Tenant and any items, the removal of which is required by agreement or specified therein to be removed at Tenant’s election and which Tenant elects to remove, Landlord and Tenant hereby acknowledging and agreeing, however, that the initial improvements constructed by Landlord pursuant to Article III and described in Landlord’s Plans and Tenant’s Plans referenced therein shall not be required to be removed by Tenant upon expiration of the Term, as hereinbefore provided in Section 3.1, and repairing all damage caused by such removal and restoring the Premises and leaving them clean and neat, reasonable wear and tear excepted. Any ; any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord, in such manner as Landlord shall determine, and Tenant shall pay Landlord the entire reasonable cost and reasonable expense incurred by it by effecting such removal and disposition and any damage resulting therefrom. It being agreed that the exclusion of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenantable and usable condition, considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenantable repair;disposition.