Common use of REPAIRS; MAINTENANCE Clause in Contracts

REPAIRS; MAINTENANCE. (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefrom.

REPAIRS; MAINTENANCE. (A1) Tenant shall, at its sole cost, repair and maintain the Premises (including all fixtures, appurtenances and equipment therein but excluding structural repairs and maintenance) in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises, including damage to any painted walls, carpeting, and ceiling tiles; provided, however, that all carpet stains shall be promptly reported to Landlord, who may have the stains cleaned and charge the cost thereof to Tenant as Additional Rent. In addition, Tenant shall repair or replace, subject to Landlord's direction and supervision, any damage to the Building and/or the Park caused by Tenant or a Tenant Party. If Tenant fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage or if such repairs or replacements affect the structure of the Building or the Building mechanical systems, then Landlord may, at Landlord's option, make the same and the actual, reasonable costs shall be paid by Tenant. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant's expense. The cost of all repair or replacement work performed by Landlord under this Section 7(b)(1) shall be paid by Tenant to Landlord as Additional Rent. (2) Subject to Tenant's obligations to repair or replace as provided in Section 7(b)(1) above, during the Term, Landlord shall, subject at its sole expense, perform diligently, promptly and in a good and workmanlike manner, in accordance with all Laws, all maintenance, repairs and replacements to (i) the structural components of the Building, including without limitation the roof deck, exterior walls, support beams, foundations, columns, exterior doors and windows and lateral support to the need therefore not being Building; and (ii) the Building and the Premises caused in whole or part by the negligent negligence or willful acts or omission misconduct of TenantLandlord, its agents, independent contractors, representatives or employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting . Notwithstanding the foregoing, which any maintenance or repair required hereunder that is caused by the negligence or willful misconduct of Tenant or a Tenant Party shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost repaired or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, replaced by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own 's sole cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefromexpense. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefrom.

REPAIRS; MAINTENANCE. (Aa) Landlord shallTenant shall maintain the Premises in good working order and condition, subject at Tenant’s cost and expense, except that Tenant shall not be required to make (i) any structural repairs or structural replacements (except to the need therefore not being caused in whole extent required by Section 5(a) above or part to the extent such repairs are required due to the acts or omissions of Tenant), (ii) any repairs for matters covered by any third party warranty available to Landlord, (iii) any repairs necessitated by the negligent or willful acts act or omission of TenantLandlord, its agents, employees, contractors agents or assignscontractors, or (iv) any repairs which are the responsibility of Landlord hereunder. Subject to reimbursement under Section 4, Landlord shall keep and subject to maintain the aggregate cost thereof over roof and the term not exceeding two (2) months structural elements of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, Building in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair and working order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, (reasonable wear and tear excepted). Subject to reimbursement under Section 4, Landlord shall also repair and loss by maintain the Common Areas and the fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore protection system serving the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for and there shall be no abatement of Rent or Additional Charges with respect to any accident injury or damage interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Building, including the Premises, or in or to the property fixtures, appurtenances and equipment therein, provided that Landlord has made reasonable efforts to minimize interference with Tenant’s business operations. (b) Tenant shall be responsible for maintenance and repair of heating, ventilation and air conditioning equipment exclusively serving the Premises (the “HVAC System”), plumbing systems, lighting in the Premises, and electrical systems located within and exclusively serving the Premises. Landlord represents and warrants that, to the best of Landlord’s knowledge, all such building systems are in good working order as of the Lease Effective Date. To insure the proper maintenance of the heating, ventilation and air conditioning system, Tenant shall obtain a preventive maintenance service contract, which shall include at a minimum: (i) a start-up inspection of the air conditioning and heat, (ii) filter changes and (iii) replacement and/or adjustment of the belts, all of which shall occur at least four (4) times per year, and (iv) coil cleaning at least annually. Such preventative maintenance service contract shall be provided to Tenant, at Tenant’s sole expense, by a licensed and bonded heating and air conditioning contractor or repair service to be approved by Landlord, and a current copy of said contract shall be furnished to Landlord upon written request. In the event that Tenant shall fail to carry such preventative maintenance contract, upon the termination of this Lease, by its terms, forfeiture, or otherwise, Landlord shall have the right to require that Tenant make any necessary repairs to, and replace, the HVAC System, including replacement of individual components, such as condensers, coils, blowers and the like. In the event the HVAC System requires replacement, Tenant shall obtain two (2) competitive bids for the unit and its installation and shall submit the same to Landlord for Landlord’s approval, along with a copy of the current maintenance contract and maintenance records. In the event the documentation provided by Tenant shows that the cost to repair a specific unit of the HVAC System exceeds fifty percent (50%) of the costs of replacing such specific HVAC unit, Landlord shall reimburse Tenant for the costs incurred by Tenant for replacing the HVAC units(s) in question after receipt of paid invoices and mechanic’s lien waiver(s) from Tenant’s contractor(s) (the “HVAC Replacement Cost”). The HVAC Replacement Cost shall be amortized by Landlord on a straight-line basis over the useful life of the HVAC System improvements, and Tenant shall pay such amortized portion of the HVAC Replacement Cost in the same manner as Operating Costs hereunder. (c) All repairs and replacements made by or on behalf of Tenant resulting or any person claiming through or under Tenant shall be made and performed (a) at Tenant’s cost and expense (b) by qualified, licensed contractors or mechanics, (c) so that same shall be similar in quality, value, and utility to the original work or installation, and (d) in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises. (d) Landlord shall maintain and repair the Building (excluding the Premises) and Common Areas, including all structural and exterior elements, keeping same in good working order and condition and in compliance with applicable laws. Landlord shall be responsible for all snow, ice and trash removal from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromthe parking areas and shall keep the Common Areas in a clean and orderly condition.

REPAIRS; MAINTENANCE. (A) Except for those obligations specifically assumed by Landlord pursuant to Section 7 hereof, Tenant shall, subject to from and after the need therefore not being caused in whole or part by Commencement Date and continuing until the negligent or willful acts or omission expiration of Tenant, its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no its own cost or expense to Landlordand expense, keep and maintain all the Project in good, clean condition and repair and consistent with the quality and class of the Project on the Commencement Date and make all other necessary repairs and replacements to the interior Project, including maintenance, repair and exterior replacement of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixturesBuilding’s Systems, equipment, Alternations and improvements installed or made by Tenantpaving, by Landlord or any prior tenants contained thereinparking lots, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing landscaping (including mowing of grass and care of shrubs) and landscaping irrigation sprinkler systems and sewage lines, pipes, water, sewage and septic system, fire sprinkler system), electrical heating system, windows, window glass, fixtures, doors, ceilings and mechanical systems, all other appliances and their appurtenances and all equipment and personal property used in connection with the Project so that the Project is in at least as good repair order and the same condition as the same are in on the Lease Commencement Date or date installed when received by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord electsexcepted. Additionally, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. TenantTenant shall, at its own cost and expense, make all necessary repairs and non-structural replacements to the exterior of the Building (including painting) and repairs (but not replacements) to the Building’s roof and the Building’s Structure in conformance with the standards of the previous sentence. All such repairs and replacements, interior and exterior, shall be made promptly, as and when necessary so that the Project is in at least the same condition as on the Commencement Date, reasonable wear and tear excepted. All repairs and replacements (1) shall be in quality and class at least equal to the quality and class of the Project on the Commencement Date and (2) may include capital expenditures and repairs whose benefit may extend beyond the Term. Tenant’s maintenance, repair and replacement obligations with respect to the Project shall be self-operative and no notice from Landlord shall be required as a pre-condition to the performance thereof by Tenant. Tenant shall maintain at its sole cost and expense all portions of the Project in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions, and Tenant will not do or suffer any waste or damage, disfigurement or injury to Project or any part thereof. On or before the Commencement Date, Tenant, at its expense shall also keepperform or cause to be performed preventive maintenance/service for all applicable portions of the Project, including the Building’s Systems (including HVAC annual tear downs and preventive maintenance), landscaping, pest control, window washing, window washing davit and fall arrest annual testing, parking lot sweeping and striping, electrical infrared scanning and repairs not less frequently than once every three years, parking lot lighting maintenance, vibration analysis for rotating equipment, elevator maintenance and annual TDLR inspections, escalator maintenance and annual TDLR inspections, painting/corrosion prevention program, plumbing maintenance, storm water ejection system maintenance and domestic water pumping system maintenance, each in compliance with any applicable manufacturers’ recommended maintenance schedule therefor and otherwise in form and substance and with a contractor reasonably acceptable to Landlord (or, at Tenant’s discretion, with Tenant’s in-house personnel), and deliver copies thereof to Landlord. No later than 90 days prior to the end of the Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that all such items which Tenant is required to maintain hereunder are then in good repair and repair all sidewayscondition and have been maintained in accordance with this Section 8. Tenant shall maintain the parking areas, driveways, ground alleys and grounds on the Land in a clean and sanitary condition, consistent with the quality and class of the Project on the Commencement Date, including maintenance, repair, and non-structural replacement of the exterior of the Building (including lawn carepainting), landscaping irrigation sprinkler systems and sewage lines, and any items normally associated with the foregoing. On or before the Commencement Date, Landlord shall deliver to Tenant (to the extent not previously delivered to Tenant) and parking areas in a cleanall reports, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property studies, data, information provided to Landlord from the previous owner of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage Project, warranties, building system manuals, diagrams, drawings, permits, licenses, regulatory approvals pertaining to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred Project, in each case to the extent pertaining to the Project and in Landlord’s possession or claimed by reason of damage therefromcontrol.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises (A) Landlord shallsubject, subject however, to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Landlord's repair obligations under this Lease, including Article 15 below). Additionally, Tenant, at its agentssole expense, employeesshall repair, contractors or assignsreplace and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior portions of the Premises, includingTenant's Off-Premises Equipment and all areas, without limitation, the roof, the plumbing, the parking lot, mechanical improvements and electrical systems exclusively serving the Premises. Tenant shallshall repair or replace, in addition, at no cost or expense subject to Landlord's direction and supervision, maintain any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 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, and then Landlord may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of all fixturesmaintenance, equipment, Alternations and improvements installed repair or made by Tenant, replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Notwithstanding the foregoing, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any prior tenants contained thereinrepair, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing maintenance or improvements to (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as i) the same are in on improvements within the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (Premises to the extent this Lease is terminated pursuant to Section 21 necessitated and insurance proceeds sufficient to replace caused by the same are paid to gross negligence or willful misconduct of Landlord or its designee agents, employees or unless Landlord electscontractors and not insured or required to be insured by Tenant under this Lease, pursuant to Section 21and (ii) the Building's Systems, to restore Building Structure and/or any portion of the Building outside of the demising walls of the Premises, except to the extent of any damage thereto caused by a Tenant Party (as provided hereinabove); provided, and promptly at no cost or expense to Landlordhowever, shall make or cause to be made, all necessary Landlord may include the costs of any such repairs, interior maintenance and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground improvements described in this clause (including lawn careii) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromextent such costs are properly included in Operating Costs.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant shall maintain the Premises in a clean, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, its agents, employees, contractors or assignssafe, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural wallsoperable condition, and foundations of the building except for alterations shall not permit or allow to remain any waste or damage (other than ordinary wear and improvements made tear and damage caused by Tenant affecting the foregoing, which shall be Tenant’s responsibility fire or other casualty) to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior any portion of the Premises, including, . Tenant's obligations hereunder shall include without limitation: (a) Keeping the storefronts, entry doors and the roof, interior of the plumbing, the parking lot, mechanical Premises in first-class condition and electrical systems serving the Premises. Tenant shall, repair. (b) Keeping in addition, at no cost or expense to Landlord, maintain the Premises, good condition and repair all fixtures, equipment, Alternations systems, facilities and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, fixtures (including, but not limited to, hardware and heating, air conditioningcooling, water heaterventilating, water pumpelectrical, plumbing and other mechanical facilities and elevators) located in and exclusively serving the Premises irrespective of location of any portion of such equipment, fixtures or systems; (including sprinkler system)c) Replacing all window glass and door glass broken in the Premises; and (d) Maintain in good, electrical clean and mechanical systems, in at least as good repair first class order and condition as the same are in on the Lease Commencement Date repair, all trade fixtures, tenant furnishings and property belonging to or date installed by Tenant. All structural elements of the Building, reasonable wear including the roof, sidewalk and tear and loss Common Area, shall be maintained by fire Landlord or other casualty (as otherwise as provided in the Declaration of Covenants and, except as otherwise herein provided, Tenant shall have no responsibility therefor except to pay such portion of the cost thereof as is included in the Common Area Charge. Notwithstanding anything contained herein to the extent this Lease is terminated pursuant contrary, but subject to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord provisions of Paragraph 9.2 hereof, Tenant shall pay for the cost of repairing or its designee or unless Landlord electsreplacing, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense subject to Landlord's reasonable direction and supervision, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property Premises, the Retail Parcel, the Building and the Property caused by Tenant, Tenant's transferees, or their respective agents, contractors, or invitees. If Tenant fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage (or thirty (30) days, if such repairs or replacements cannot be completed with in 15 days despite reasonable diligence), then Landlord may make the same at Tenant's cost, following five (5) days notice. 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 resulting from any reason whatsoeverrepair such damage. The cost of all repair or replacement work performed by Landlord under this Section 6.2 shall be paid by Tenant hereby expressly releases to Landlord from liability incurred or claimed by reason of damage therefromwithin ten (10) days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, at its agentssole cost and expense, employees, contractors or assigns, shall keep and subject to maintain (a) the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the entire interior and exterior of the Premises, including, without limitation, all fixtures, machinery, systems (including, without limitation, heating and ventilating and air conditioning and sprinkler, if any) attached to or used in connection with the roofoperation of the Premises, the plumbing, the parking lot, mechanical (b) all plumbing lines and electrical systems serving wires (above ground and underground) which serve exclusively the Premises, (c) all exterior doors, glass windows, and plateglass, and sills for all of the sa▇▇, ▇n or leading into the Premises and (d) all sidewalks adjoining the Premises, and shall keep said sidewalks free and clear of all rubbish, ice, snow and other debris. Tenant, without limiting the generality of the foregoing, shall make all non-structural installations, modifications, alterations, repairs and replacements to the foregoing as may be necessary to keep the same in good order and condition and to comply with all laws and requirements of utilities. Further, Tenant shall make any and all non-structural and structural repairs whatsoever necessitated by the acts or omissions of Tenant, its employees, agents and/or contractors, including, without limitation, any cleaning and/or pumping of the Building's sanitary disposal system necessitated by Tenant's abuse thereof or consumption of water in excess of normal. Such repairs and replacements shall be done in a good and workmanlike manner with materials at least equal in quality (but no used materials) to the original construction materials and, in the case of structural repairs, subject to Landlord's prior written approval of the materials, methods and contractors to be used or engaged. Tenant shall not commit or suffer waste or injury to the Premises. Tenant shallshall place all of its refuse and rubbish in a dumpster which Tenant shall obtain and maintain at the Premises. No trash or other debris shall be permitted to remain outside of the dumpster. If, in additionLandlord's opinion the dumpster maintained by Tenant is insufficient for Tenant's use, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, Tenant shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense obtain either a larger or, if space permits, an additional dumpster. If Landlord so elects, Landlord may supply a dumpster and/or compactor and Tenant shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and pursuant to C-1.03 be responsible for its Pro Rata Share. Tenant shall remove all snow and ice therefrom. (B) All personal property not cause or permit any materials or substances of the Tenant any nature to be poured or otherwise deposited in the Premises shall be there at storm drains and drywells situated about the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromProperty.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission extent Tenant has been advised of Tenantsuch service programs), its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and Building’s Systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 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 maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In no event shall Tenant’s obligation to maintain the Premises in compliance with all Laws obligate Tenant to make any structural changes to the Premises (including the Building’s Systems) or in the Project, or to remove or remediate any Hazardous Materials existing in, on under or about the Premises as of the date of this Lease except in connection with Tenant’s improvements to the Premises or Tenant’s use of the Premises. Landlord and Tenant acknowledge and agree that the Premises are subject to, among other Laws, the requirements of the American with Disabilities Act, 42 U.S.C. 12101 et seq., and similar State and local Laws including, without limitation, Title 24 of the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing California Code of Regulations (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are may hereafter be modified, amended or supplemented, collectively, the “ADA”). To Landlord’s knowledge, Landlord has received no written notice from any governmental authority that the Premises is currently in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property violation of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromADA.

REPAIRS; MAINTENANCE. Tenant shall at its sole expense maintain the interior, nonstructural portion of the Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste (Aas defined by applicable law) or damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all interior portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems located in and exclusively serving the Premises. If Tenant fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage and notice from Landlord, then Landlord shallmay make the same at Tenant’s cost. If any such damage occurs outside the Premises, subject then Landlord may elect to repair such damage at Tenant’s expense using Landlord’s usual contractor for such work and at competitive rates, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence. In the event that Tenant’s waiver of subrogation as provided in this Lease does not apply to the need therefore following, Tenant’s obligations under this Lease shall not being caused in whole include making: (a) any repair or part improvement necessitated by the negligent negligence or willful acts or omission misconduct of TenantLandlord, its agents, employeesemployees or servants; (b) any repair or improvement caused by Landlord’s failure to perform its obligations hereunder or under any other agreement between Landlord and Tenant; or (c) any structural repairs, contractors improvements or assigns, and subject alterations to the aggregate cost thereof over Premises or the term not exceeding two (2) months of the then current RentBuilding. 18 Second & Spring Avalara, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefrom.Inc.

REPAIRS; MAINTENANCE. (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of C-1.01 Tenant, at its agentssole cost and expense, employees, contractors or assigns, shall keep and subject to maintain (a) the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the entire interior and exterior of the Premises, including, without limitation, all fixtures, machinery, systems (including, without limitation, heating and ventilating and air conditioning and sprinkler, if any) attached to or used in connection with the roofoperation of the Premises, the plumbing, the parking lot, mechanical (b) all plumbing lines and electrical systems serving wires (above ground and underground) which serve exclusively the Premises, (c) all exterior doors, glass windows, and plateglass, and sills for all of the same, on or ▇▇▇▇▇ng into the Premises and (d) all sidewalks adjoining the Premises, and shall keep said sidewalks free and clear of all rubbish, ice, snow and other debris. Tenant, without limiting the generality of the foregoing, shall make all non-structural installations, modifications, alterations, repairs and replacements to the foregoing as may be necessary to keep the same in good order and condition and to comply with all laws and requirements of utilities. Further, Tenant shall make any and all non-structural and structural repairs whatsoever necessitated by the acts or omissions of Tenant, its employees, agents and/or contractors, including, without limitation, any cleaning and/or pumping of the Building's sanitary disposal system necessitated by Tenant's abuse thereof or consumption of water in excess of normal. Such repairs and replacements shall be done in a good and workmanlike manner with materials at least equal in quality (but no used materials) to the original construction materials and, in the case of structural repairs, subject to Landlord's prior written approval of the materials, methods and contractors to be used or engaged. Tenant shall not commit or suffer waste or injury to the Premises. Tenant shallshall place all of its refuse and rubbish in a dumpster which Tenant shall obtain and maintain at the Premises. No trash or other debris shall be permitted to remain outside of the dumpster. If, in additionLandlord's opinion the dumpster maintained by Tenant is insufficient for Tenant's use, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, Tenant shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense obtain either a larger or, if space permits, an additional dumpster. If Landlord so elects, Landlord may supply a dumpster and/or compactor and Tenant shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and pursuant to C-1.03 be responsible for its Pro Rata Share. Tenant shall remove all snow and ice therefrom. (B) All personal property not cause or permit any materials or substances of the Tenant any nature to be poured or otherwise deposited in the Premises shall be there at storm drains and drywells situated about the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromProperty.

REPAIRS; MAINTENANCE. When the Lessee takes possession of the Premises, he is accepting them as being in good order. If there are any problems, the Lessee should (Aeither) Landlord shallnot move in or should get something in writing from the Lessor regarding those problems prior to moving in. Furthermore, subject the Lessor states that it has agreed to no repairs or improvements other than what is specifically stated in this Agreement. Note that the Lessee is required to keep the Premises in good condition and repair. Furthermore, the Lessee is waiving any right it might have to ▇▇▇▇▇ (deduct) any repairs it pays for from the rent; the Lessee should put all requests for repairs in writing to the need therefore not Lessor. In other words, while the Lessee is required to keep the Premises in good condition and repair, in most cases that means that the Lessee should put all requests for needed repairs in writing to the Lessor, as the Lessor is responsible for actually making those repairs to the Premises. If the Lessor has agreed to any improvements (alterations, remodeling, repairs, or painting), a copy of that approval and a list of the improvements should be included as an exhibit to this Lease. By taking possession of the Premises, the Lessee shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. The Lessee shall at the Lessee’s cost, keep the Premises and every part of it in good condition and repair except for damages beyond the control of the Lessee and ordinary wear and tear. The Lessee shall upon the expiration or sooner termination of this Lease surrender the Premises to the Lessor in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Lessee excepted. Unless specifically provided in an addendum to this Lease, the Lessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part of it and the parties hereto affirm that the Lessor has made no representations to the Lessee respecting the condition of the Premises and the building except as specifically set forth in this Agreement. Despite the above provisions, the Lessor 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 furnished by the Lessor, unless such maintenance and repairs are caused in part or in whole or part by the negligent or willful acts act, neglect, fault or omission of Tenantany duty by the Lessee, its agents, employeesemployees or invitees, contractors or assigns, and subject in which case the Lessee shall pay to the aggregate Lessor the reasonable cost thereof over of such maintenance and repairs. The Lessee shall give the term not exceeding two (2) months Lessor written notice of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repairany required repairs or maintenance. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord The Lessor shall not be liable for any accident failure to repair or damage 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 the property Lessee’s special needs are the responsibility of Tenant resulting from any reason whatsoeverthe Lessee. Tenant hereby expressly releases Landlord from Except as specifically stated in this Agreement, there shall be no abatement of rent and no liability incurred or claimed of the Lessor by reason of damage therefromany injury to or interference with the Lessee’s business arising from making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment. The Lessee waives the right to make repairs at the Lessor’s expense under any law, statute or ordinance now or hereafter in effect.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant shall maintain the Premises in a clean, subject safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the need therefore not being caused in whole or part by the negligent or willful acts or omission of Premises. Additionally, Tenant, at its agentssole expense, employeesshall repair, contractors or assignsreplace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises (except for Landlord’s Obligations) and all areas, improvements and systems exclusively serving the Premises including plumbing, water, fire sprinkler system, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rentsewer lines, maintain the exteriorentries, structural doors, ceilings, windows, interior walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior side of demising walls, and exterior of the Premisesheating, includingventilation and air conditioning systems (including any evaporative units), without limitation, the roof, the plumbing, the parking lot, and other building and mechanical and electrical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Tenant shall, at its own cost and expense, keep and maintain all the Premises in additiongood, at no cost or expense clean, first class condition and repair and make all necessary repairs and replacements to the Premises except for Landlord’s Obligations which shall be Landlord’s responsibility (provided any required painting of exterior walls of the Premises shall be Tenant’s responsibility). Tenant’s obligations pursuant to this Section 7 shall include maintenance, maintain repair and replacement of the Premises, and all fixturesBuilding’s Systems, equipment, Alternations and improvements installed or made by Tenantpaving, by Landlord or any prior tenants contained thereinparking lots, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing landscaping (including mowing of grass and care of shrubs) and landscaping irrigation sprinkler systems and sewage lines, pipes, water, sewage and septic system, fire sprinkler system), electrical heating system, windows, window glass, fixtures, doors, ceilings and mechanical systems, all other appliances and their appurtenances and all equipment and personal property used in connection with the Premises so that the Premises is in at least as good repair order and the same condition as the same are in on the Lease Commencement Date or date installed when received by Tenant, reasonable wear and tear and loss damage from any Casualty (Casualty being addressed in Section 21) excluded. Such repairs and replacements, shall be made promptly, as and when necessary so that the Premises is in at least the same condition as when received by fire or other casualty Tenant, reasonable wear and tear and damage from any Casualty (Casualty being addressed in Section 21) excluded. All repairs and replacements (i) shall be in quality and class at least equal to the extent this Lease is terminated pursuant original work and (ii) include capital expenditures and repairs whose benefit may extend beyond the Term. Tenant’s maintenance, repair and replacement obligations with respect to Section 21 the Premises shall be self-operative and insurance proceeds sufficient no notice from Landlord shall be required as a pre-condition to replace the same are paid to Landlord or performance thereof by Tenant. Tenant shall maintain at its designee or unless Landlord electssole cost and expense all portions of the Premises in a clean and orderly condition, pursuant to Section 21free of dirt, to restore the Premises)rubbish, snow, ice and unlawful obstructions, and promptly at no cost Tenant will not do or expense suffer any waste or damage, disfigurement or injury to Landlordthe Premises or any part thereof. On or before the Commencement Date, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keepenter into preventive maintenance/service contracts for such equipment, including the Building’s Systems, each in compliance with the manufacturers’ recommended maintenance schedule therefor and otherwise in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. Tenant shall maintain and repair all sidewaysthe parking areas, driveways, ground alleys and grounds surrounding the Premises in a clean and sanitary condition, consistent with the operation of a Comparable Building (as hereinafter defined), including maintenance, repair, and replacement of the exterior of the Building (including lawn care) painting), landscaping irrigation sprinkler systems and parking areas in a cleansewage lines, neat and orderly condition and shall remove all snow and ice therefromany items normally associated with the foregoing. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefrom.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant covenants and agrees, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over throughout the term not exceeding two (2) months of the then current Rentthis Lease, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no without cost or expense to Landlord, make all other necessary repairs to the interior and exterior take good care of the PremisesBuilding and the Leased Premises and the adjacent sidewalks, includingcurbs, without limitationroadways, the roof, the plumbing, the parking lot, mechanical areas and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premisesfences, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, to keep the same in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises)condition, and shall promptly at no cost or expense to LandlordTenant's own costs and expense, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structuralnonstructural, ordinary as well as extraordinary, foreseen as well as unforeseen, to keep the Building and the Leased Premises in first-class, safe, clean and sanitary condition. TenantWhen used in this Section, the terms "repairs" shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be at its own least equal in quality and class to the original work. Notwithstanding the forgoing, in the event that Tenant makes any structural repairs or replacements (but not any other repairs or replacements or the construction of new improvements) which will have a useful life extending past the termination date of this Lease (including any renewal term, without regard to whether the option to renew the Lease has been or is exercised), the cost and expense of such structural repairs shall also keep, maintain be prorated between Landlord and Tenant based upon the useful life of such repair all sideways, driveways, ground and the period remaining on the term of this Lease (including lawn care) any renewal term); provided, however, that Landlord shall approve the cost and parking areas expense of any such structural repair prior to the performance thereof, and provided further that Landlord shall determine, in its reasonable discretion, the proration of such cost and expense between Landlord and Tenant. Tenant shall keep and maintain all portions of the Building and the Leased Premises and the sidewalks adjoining same in a clean, neat clean and orderly condition condition, free of accumulation of dirt and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenantrubbish. Landlord shall not be liable for have no obligation or responsibility whatsoever to make any accident repairs or damage replacements to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromLeased Premises.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant shall maintain the Premises in a clean, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, its agents, employees, contractors or assignssafe, and subject to operable condition as exists after the aggregate cost thereof over the term not exceeding two (2) months construction of the then current RentWork (as hereinafter defined) and any other alterations, maintain the exterior, structural walls, and foundations of the building except for alterations and additions or improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed performed by Tenant, reasonable wear and tear and loss damage by fire or fire, other casualty (and eminent domain excepted, consistent with the operation of a first class building consistent with the 19 Permitted Use, and shall not permit or allow to remain any waste or damage to any portion of the Premises. If Tenant elects to engage providers for all services in accordance with Section 7.(a) above, Tenant shall enter into preventative maintenance/service contract(s) with maintenance contractor(s) reasonably approved by Landlord for servicing the landscaping of the Premises and all air conditioning, heating and ventilating equipment, elevators and other equipment located within or serving the Premises. All preventative maintenance/service contracts shall be in form and substance reasonably satisfactory to Landlord and shall provide that the maintenance contractor shall provide Landlord with quarterly reports respecting the maintenance of the subject equipment. Upon request from Landlord, Tenant shall provide Landlord with copies of all such preventative maintenance/service contracts maintained by Tenant. Irrespective of whether or not Tenant elects to engage providers for all services in accordance with Section 7.(a) above, Tenant shall repair or replace, subject to Landlord's reasonable direction and supervision, any improvement or system installed by Tenant within the Premises and any damage to the extent Building caused by Tenant, Tenant's transferees, or their respective agents, contractors, or invitees. If Tenant fails to make such repairs or replacements within fifteen (15) days (or such shorter period of time required to prevent any damage from occurring to the Premises) after the occurrence of such damage, then Landlord may, after written notice to Tenant, make the same at Tenant's cost. Notwithstanding any provisions of this Lease is terminated pursuant to Section 21 the contrary, if the cost to repair one of the existing rooftop HVAC units exceeds twenty-five percent (25%) of the replacement cost for such unit, Landlord shall pay for such replacement cost within twenty (20) business days after satisfaction of the following terms and insurance proceeds sufficient to replace conditions: (i) Landlord and Tenant agree in writing on any such replacement cost, on the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore specification of the Premises)new rooftop unit, and promptly at no cost or expense on the contractor to Landlord, install such new unit; (ii) Tenant shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground ensure such new unit is installed in accordance with applicable Laws; (including lawn careiii) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage in default under this Lease; (iv) this Lease shall be in full force and effect; (v) Tenant has provided Landlord with evidence reasonably satisfactory to Landlord that the property new unit has been installed in accordance with applicable Laws; (vi) Tenant has maintained and repaired such unit in accordance with the provisions of this Lease; and (vii) such replacement costs shall be considered an Operating Cost and paid by Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromin accordance with Section 4 above.

REPAIRS; MAINTENANCE. (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenant, its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repairSection 6.01. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to take good care of and maintain the interior and exterior of the PremisesDemised Premises and the fixtures and appurtenances therein and, includingat Tenant’s sole cost and expense, without limitationmake all structural and non-structural repairs thereto as and when needed to preserve said Demised Premises and fixtures in good working order. Section 6.02. All damage or injury to the Demised Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees or licensees, shall be promptly repaired by Tenant in a first class and workmanlike manner, failing which such repairs may be made by Landlord at Tenant’s sole cost and expense. Tenant shall repair all damage to the Building and the Demised Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of the quality and class equal to the original work or construction. Section 6.03. Without limiting in any respect Tenant’s obligations set forth in Section 6.01, Tenant shall, during the Term hereof: (i) maintain the roof, exterior walls and steel frame, foundations and floors; (ii) maintain, operate and keep in good working order and repair the building electrical, plumbing, fire sprinkler, heating, ventilating and air-conditioning systems; (iii) replace any and all broken glass in or about the Demised Premises; (iv) keep the Demised Premises and the sidewalks adjoining the Land clean and in good condition, reasonably free of accumulations of dirt and litter; (v) neither encumber such sidewalks, nor allow the same to be obstructed or encumbered in any manner; (vi) make any and all repairs and/or replacements to the sidewalks, curbs, parking areas and driveways within the Demised Premises; (vii) keep the parking area properly paved and drained and in good order and repair, and keep designated parking spaces properly striped; (viii) commence, within a reasonable time after the end of a snowfall, to remove accumulated ice and snow from the parking area and diligently prosecute the same to completion so that, to the extent practicable, the parking lotarea shall be reasonably free of snow and ice; and (ix) maintain the landscaped areas of the Demised Premises and the automatic lawn sprinkler systems, mechanical and electrical systems serving the Premisesif any, servicing said areas. Section 6.04. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenantcontract with, at its own cost and expense shall also keepexpense, maintain a reputable service contractor for the maintenance and repair all sidewaysof the heating, drivewaysventilating and air conditioning equipment servicing the Demised Premises, ground (including lawn care) keep such contract in full force and parking areas in a cleaneffect during the Term hereof, neat and orderly condition and shall remove all snow and ice therefromprovide Landlord with copies of service or maintenance contracts entered into with such contractor. (B) Section 6.05. All personal property of janitorial work at the Tenant in the Demised Premises shall be there done at the sole risk cost and expense of the Tenant. Tenant shall provide for its own trash, rubbish and garbage removal at its own cost and expense. All rubbish, trash and garbage shall at all times be kept in closed containers and otherwise in compliance with rules and regulations of governmental or municipal authorities having jurisdiction thereover. Section 6.06. If Tenant shall at any time fail to perform any act on its part to be performed under this Article, then Landlord may, after ten (10) days notice to Tenant (or without notice in case of emergency), but shall not be liable for any accident obligated to do so, and without further notice or damage to the property of demand upon Tenant resulting and without waiving or releasing Tenant from any reason whatsoeverobligations hereunder, perform such act on Tenant’s part to be performed hereunder. All sums paid by Landlord pursuant to this Section 6.06 and all necessary incidental costs and expenses paid or incurred by Landlord in connection with the performance of any act by Landlord pursuant to this section, together with interest thereon from the date of the making of such expenditure by Landlord, shall constitute Additional Rent payable by Tenant. Section 6.07. Except as specifically provided in this Lease, there shall be no allowance to Tenant hereby expressly releases for a diminution of rental value and no liability on the part of Landlord from liability incurred or claimed by reason of damage therefrominconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article with respect to the making of repairs shall not apply in the case of fire or other casualty which are dealt with in Article XVII hereof.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant shall maintain the Premises, subject including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the need therefore not being caused in whole or part by the negligent or willful acts or omission of Premises. Additionally, Tenant, at its agentssole expense, employeesshall repair, contractors or assignsreplace (excluding the Building's Structure and the parking areas located on the Premises) and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior portions of the Premises, includingTenant's Off-Premises Equipment and all areas, without limitationimprovements and systems exclusively serving the Premises including loading docks, the roofsump pumps, the dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, "levellors" and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the parking lotinterior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical and electrical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. No later than fourteen (14) days prior to the end of the Term, Tenant shallshall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that all such items which Tenant is required to maintain hereunder are then in good repair and condition and have been maintained in accordance with this Section 8. Tenant shall repair or replace, in addition, at no cost or expense subject to Landlord's direction and supervision, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property Building caused by a Tenant Party. If Tenant 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 for which Tenant resulting from any reason whatsoeveris responsible for pursuant to this Section 8 occurs outside of the Building, then Landlord may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant hereby expressly releases to Landlord from liability incurred or claimed by reason of damage therefromwithin thirty (30) days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. When the Sublessee takes possession of the Premises, he is accepting them as being in good order. If there are any problems, the Sublessee should (Aeither) Landlord shallnot move in or should get something in writing from the Sublessor regarding those problems prior to moving in. Furthermore, subject the Sublessor states that it has agreed to no repairs or improvements other than what is specifically stated in this Agreement. Note that the Sublessee is required to keep the Premises in good condition and repair. Furthermore, the Sublessee is waiving any right it might have to ▇▇▇▇▇ (deduct) any repairs it pays for from the rent; the Sublessee should put all requests for repairs in writing to the need therefore not Sublessor. In other words, while the Sublessee is required to keep the Premises in good condition and repair, in most cases that means that the Sublessee should put all requests for needed repairs in writing to the Sublessor, as the Sublessor is responsible for actually making those repairs to the Premises. If the Sublessor has agreed to any improvements (alterations, remodeling, repairs, or painting), a copy of that approval and a list of the improvements should be included as an exhibit to this Sublease. By taking possession of the Premises, the Sublessee shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. The Sublessee shall at the Sublessee’s cost, keep the Premises and every part of it in good condition and repair except for damages beyond the control of the Sublessee and ordinary wear and tear. The Sublessee shall upon the expiration or sooner termination of this Lease surrender the Premises to the Sublessor in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Sublessee excepted. Unless specifically provided in an addendum to this Lease, the Sublessor shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part of it and the parties hereto affirm that the Sublessor has made no representations to the Sublessee respecting the condition of the Premises and the building except as specifically set forth in this Agreement. Despite the above provisions, 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 furnished by the Sublessor, unless such maintenance and repairs are caused in part or in whole or part by the negligent or willful acts act, neglect, fault or omission of Tenantany duty by the Sublessee, its agents, employeesemployees or invitees, contractors or assigns, and subject in which case the Sublessee shall pay to the aggregate Sublessor the reasonable cost thereof over of such maintenance and repairs. The Sublessee shall give the term not exceeding two (2) months Sublessor written notice of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repairany required repairs or maintenance. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Premises, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord The Sublessor shall not be liable for any accident failure to repair or damage 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 the property Sublessee’s special needs are the responsibility of Tenant resulting from any reason whatsoeverthe Sublessee. Tenant hereby expressly releases Landlord from Except as specifically stated in this Agreement, there shall be no abatement of rent and no liability incurred or claimed of the Sublessor by reason of damage therefromany injury to or interference with the Sublessee’s business arising from making of any repairs, alterations or improvements to any portion of the building or the Premises or to fixtures, appurtenances and equipment. The Sublessee waives the right to make repairs at the Sublessor’s expense under any law, statute or ordinance now or hereafter in effect.

REPAIRS; MAINTENANCE. (A) Subject to Paragraph 5 the Landlord shall, subject shall perform any necessary structural repairs to the need therefore not being caused in whole or part by the negligent or willful acts or omission of Tenantroof framing, its agents, employees, contractors or assignsfoundation, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations exterior load bearing walls of the building except (excluding all windows, glass and doors) wherein the Demised Premises are situated. However, if the need for alterations and improvements made such repairs is the result of Tenant’s negligence, willful misconduct or a breach by Tenant affecting of any other provision of this lease, Tenant shall be solely responsible for such cost. If the Tenant performs and pays for such repairs and the costs thereof are reimbursed to Landlord by its insurance carrier, Landlord shall pay such reimbursed amount over to tenant. Subject to Tenant’s payment of the HVAC charge set forth in Paragraph 6 (c), Landlord shall be responsible for its cost, repairs, maintenance and replacement of the HVAC System. Subject to Tenant’s payment of the Paving Maintenance charge set forth in Paragraph 6 (d), Landlord shall be responsible at its cost for all maintenance, repair and replacement of the parking areas, roads and drives on the Property. Except as set forth herein, Tenant shall be responsible for the maintenance, replacement and repair of the Demised Premises without limiting the foregoing, Tenant agrees that: (a) The Tenant shall replace all broken glass. The Tenant shall also repair or replace, as necessary, all doors, doorframes, and window frames which become damaged during the term thereof. (b) The Tenant shall occupy the Demised Premises and operate its business and work in a manner as not to damage the Demised Premises, nor any plumbing, electrical, sewage, lighting or sprinkler systems and any other similar installations therein, and should any damage to the same occur or should repairs otherwise be necessary, Tenant shall diligently repair the same to the condition prior thereto, and the Tenant shall make all necessary replacements with parts or items equal in quality and condition to the originals. The Tenant, the Tenant’s responsibility employees, agents and customers shall occupy or utilize the Demised Premises in such a manner so as to maintain and repairpreserve therein at all times safety, care, cleanliness and good order. The Tenant shall throughout have any debris or discarded material regularly removed and carted away from the TermDemised Premises. At all times while the air temperature is below freezing, at no cost or expense to Landlord, make all other necessary repairs the Tenant shall provide sufficient heat to the interior and exterior of Demised Premises to prevent the Premiseswater pipes, including, without limitation, the roof, the plumbing, the parking lot, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premisesif any, and all fixturessprinkler pipes, equipmentif any, Alternations and improvements installed or made by from freezing. (c) The Tenant shall at Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its ’s own cost and expense maintain the area surrounding the Demised Premises including keeping the lawn, sidewalks, if any, and access drives, car and truck parking, and truck turn around and loading and unloading areas, whether or not paved if any, free and clear of rubbish and debris. If any of the aforesaid areas are subject to common use by, or are for the common benefit of, other tenants of the Landlord in addition to the Tenant, the Tenant’s share of the cost for maintaining and repairing same shall also keep, maintain be apportioned among Tenant and repair all sideways, driveways, ground (including said others as determined by Landlord in its reasonable discretion. Landlord shall provide lawn care) and parking areas in a clean, neat shrub and orderly condition tree maintenance and landscaping services to the landscaped area surrounding the building containing the Demised Premises. Tenant shall remove all snow and ice therefromreimburse Landlord for it’s pro rata share of the costs therefore as Additional Rent. (Bd) All personal property of the The Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage furnish to the property Demised Premises, and, shall maintain in good operating condition throughout the term hereof, fire extinguishers, in such quantities and of Tenant resulting such type as may be required from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred time-to-time by municipal officials; or claimed by reason of damage therefromLandlord’s fire or casualty insurance carrier in order to achieve the lowest possible fire insurance rating for said Demised Premises and the building or buildings wherein the same are situated.

REPAIRS; MAINTENANCE. (A) Landlord Section 6.01. Tenant shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission at its sole cost and expense, take good care of Tenant, its agents, employees, contractors or assigns, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior of the Demised Premises, including, without limitation, the roofparking area, the roof and Building Systems (i.e. plumbing, HVAC, electrical, life safety and emergency power) and shall make all repairs thereto other than the parking lotload-bearing repairs to the Building’s foundation and structure as provided in Section 6.02. Notwithstanding the foregoing, mechanical and electrical systems serving Tenant shall make all repairs to the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Demised Premises, load-bearing, including those with respect to the Building’s foundation and all fixturesstructure, equipmentand not load-bearing, Alternations and improvements installed attributable to (a) the moving, installation, removal, use or made by operation of Tenant Changes, or Tenant, by Landlord ’s Property or any prior tenants contained thereinproperty of Tenant (not constituting Tenant’s Property) or of parties acting for or at the instance of Tenant or those deriving their interest in the Demised Premises through or under Tenant or (b) Tenant’s use or manner of use of the Demised Premises, including, but without limitation, Tenant’s installation of racking in the Demised Premises and/or the placing of a load upon the floor of the Building exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law or (c) the acts, omissions, negligence or improper conduct of Tenant or any other parties referenced in clause (a) preceding or (d) to the extent not limited towithin the purview of (a) preceding, heatingwith respect to Tenant Changes or Tenant’s Property. All such repairs shall be in quality and class equal to the original work or installations. As used in this Section 6.01, air conditioningand in Section 6.02 following, water heaterthe term “repairs” or derivatives thereof shall include “replacements” where applicable. Tenant shall promptly notify Landlord of the need for any such repairs. Section 6.02. During the Term, water pump, plumbing (including sprinkler systemany Extension Period(s), electrical Landlord, at its sole expense, shall make all load-bearing repairs to the foundation and mechanical systemsstructure of the Building, in at least as good repair order excluding the Building’s roof and condition as except for those repairs for which Tenant is responsible pursuant to Section 6.01 hereof or any other provisions of this Lease. Landlord covenants and agrees that on or prior to the same Term Commencement Date, it shall assign to Tenant all warranties that are in on assigned to Landlord by Seller pursuant to the Lease Purchase Agreement, including, the warranty covering the roof of the Building, but excluding specifically, any warranties covering the foundation and structure of the Building. In addition, Landlord warranties Landlord’s Work for a period one (1) year following the Term Commencement Date (the “Warranty Period”) and agrees that Landlord shall correct any latent defect with respect to any element of Landlord’s Work at its sole cost and expense, provided that Tenant delivers notice of such latent defect during the Warranty Period and provided further that such latent defect was not caused by the acts, omissions, negligence or date installed improper conduct of Tenant. Upon expiration of the Warranty ​ ​ Period, Landlord shall assign to Tenant any warranties that is has obtained in connection with the performance of Landlord’s Work. The provisions of Sections 6.01 and 6.02 hereof shall not apply to repairs required by Tenant, reasonable wear and tear and loss by reason of a Taking or fire or other casualty (casualty. Section 6.03. Except for matters to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense attributable to Landlord, ’s negligence or willful misconduct with respect to which Landlord shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, responsible at its own Landlord’s sole cost and expense shall also keepexpense, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage have no liability to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromany inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or Requirements, to make in or to any portion of the Demised Premises; provided, however, that Landlord shall use commercially reasonable efforts to minimize interference or disruption of Tenant’s business as a result of such repairs or charges. Section 6.04. Tenant shall not place a load upon the floor of the Building exceeding the floor load per square foot areas which such floor was designed to carry and which is allowed by law.

REPAIRS; MAINTENANCE. (A) Landlord shallTenant shall maintain the Premises, subject the Building Structures and all Building Systems in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the need therefore not being caused in whole or part by the negligent or willful acts or omission of Premises. Additionally, Tenant, at its agentssole expense, employeesshall repair, contractors or assignsreplace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior portions of the Premises, includingthe Building Structures, without limitationBuilding Systems, the roofTenant’s Off-Premises Equipment and all areas, the plumbing, the parking lot, mechanical improvements and electrical systems exclusively serving the Premises. Tenant shallshall repair or replace, in addition, at no cost or expense subject to Landlord’s direction and supervision, maintain any damage to the Building, Building Structures and Building Systems caused by a Tenant Party, including such repair and replacement required by ordinary wear and tear upon the Premises. If Tenant fails to make such repairs or replacements required under this Section 8 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, and then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all fixturesmaintenance, equipment, Alternations and improvements installed repair or made by Tenant, replacement work performed by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed under this Section 8 shall be paid by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid Tenant to Landlord or its designee or unless within thirteen (30) days after Landlord elects, pursuant to Section 21, to restore has invoiced Tenant therefor. Tenant shall keep the Premises)Building’s Structure in a good state of repair, and shall accomplish such repairs as may be needed promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior after receipt of written notice from Tenant and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property of the Tenant in the Premises said repairs shall be there at the sole risk cost of Landlord. Tenant shall replace the roof when Landlord determines in its sole discretion that such replacement is necessary. Tenant shall, also, paint the exterior portion of the TenantBuilding and Premises as deemed necessary by the Landlord in its sole discretion. Tenant shall immediately inform Landlord of any necessary repairs and (except in emergencies) Tenant shall make none of such repairs without Landlord's prior written consent. Landlord shall not be liable for any accident or damage to the property failure of Tenant resulting from to make any reason whatsoeversuch repairs or to perform any maintenance required of Tenant hereunder. Tenant hereby expressly releases Except as otherwise specifically provided herein, there shall be no abatement of rent and no liability of Landlord from liability incurred or claimed by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, Building’s Structure, Buildings Systems or Building of which the Premises is a part or in or to fixtures, appurtenances and equipment therein. If Tenant fails to make such repairs or replacements required under this Section 8 within fifteen (15) days after the occurrence of such damage, then Landlord may make the same at Tenant’s cost (to be paid through the Operating Costs assessment). If any such damage therefromoccurs 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 maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within thirteen (30) days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Subject to Landlord’s ongoing janitorial, maintenance and repair obligations under this Lease, Tenant shall maintain the Premises in a clean, safe, and operable condition (A) excluding those items to be maintained by Landlord shall, subject pursuant to the need therefore terms of this Lease, including the Building’s Structure and all Building’s Systems), and shall not being caused in whole authorize to remain any waste or part by damage to any portion of the negligent or willful acts or omission of Premises. Additionally, Tenant, at its agentssole expense, employeesshall repair, contractors or assignsreplace and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the interior and exterior portions of the Premises, includingTenant's Off-Premises Equipment and all areas, without limitation, the roof, the plumbing, the parking lot, mechanical improvements and electrical systems exclusively serving the PremisesPremises (except the Building’s Structure and all Building’s Systems). Tenant shallshall repair or replace, in addition, at no cost or expense subject to Landlord's direction and supervision, maintain any damage to the Building caused by a Tenant Party. If any such damage occurs outside of the Premises, and or if such damage occurs inside the Premises but adversely affects any of the Building's Systems and/or Building’s Structure or any other area outside the Premises, then Landlord may elect to repair such damage at Tenant’s actual, out-of-pocket expense, rather than having Tenant repair such damage. If Tenant fails to commence to make repairs or replacements required by this subsection within 15 days after Landlord delivers written notice to Tenant regarding 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 fixturesmaintenance, equipment, Alternations and improvements installed repair or made by Tenant, replacement work performed by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in under this Section 8 shall be paid by Tenant to Landlord on the next date for payment of Basic Rent that is at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to 30 days after Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefromhas invoiced Tenant therefor. (B) All personal property of the Tenant in the Premises shall be there at the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefrom.

REPAIRS; MAINTENANCE. (A) Landlord shall, subject to the need therefore not being caused in whole or part by the negligent or willful acts or omission of C-1.01 Tenant, at its agentssole cost and expense, employees, contractors or assigns, shall keep and subject to maintain (a) the aggregate cost thereof over the term not exceeding two (2) months of the then current Rent, maintain the exterior, structural walls, and foundations of the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repair. Tenant shall throughout the Term, at no cost or expense to Landlord, make all other necessary repairs to the entire interior and exterior of the Premises, including, without limitation, all fixtures, machinery, systems (including, without limitation, heating and ventilating and air conditioning and sprinkler, if any) attached to or used in connection with the roofoperation of the Premises, the plumbing, the parking lot, mechanical (b) all plumbing lines and electrical systems serving wires (above ground and underground) which serve exclusively the Premises, (c) all exterior doors, glass windows, and plateglass, and sills for all of the same, on or ▇▇▇▇▇ng into the Premises and (d) all sidewalks adjoining the Premises, and shall keep said sidewalks free and clear of all rubbish, ice, snow and other debris. Tenant, without limiting the generality of the foregoing, shall make all non-structural installations, modifications, alterations, repairs and replacements to the foregoing as may be necessary to keep the same in good order and condition and to comply with all laws and requirements of utilities. Further, Tenant shall make any and all non-structural and structural repairs whatsoever necessitated by the acts or omissions of Tenant, its employees, agents and/or contractors, including, without limitation, any cleaning and/or pumping of the Building's sanitary disposal system necessitated by Tenant's abuse thereof or consumption of water in excess of normal. Such repairs and replacements shall be done in a good and workmanlike manner with materials at least equal in quality (but no used materials) to the original construction materials and, in the case of structural repairs, subject to Landlord's prior written approval of the materials, methods and contractors to be used or engaged. Tenant shall not commit or suffer waste or injury to the Premises. Tenant shallshall place all of its refuse and rubbish in a dumpster which Tenant shall obtain and maintain at the Premises. No trash or other debris shall be permitted to remain outside of the dumpster. If, in additionLandlord's opinion the dumpster maintained by Tenant is insufficient for Tenant's use, at no cost or expense to Landlord, maintain the Premises, and all fixtures, equipment, Alternations and improvements installed or made by Tenant, by Landlord or any prior tenants contained therein, including, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler system), electrical and mechanical systems, in at least as good repair order and condition as the same are in on the Lease Commencement Date or date installed by Tenant, reasonable wear and tear and loss by fire or other casualty (to the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to Landlord or its designee or unless Landlord elects, pursuant to Section 21, to restore the Premises), and promptly at no cost or expense to Landlord, Tenant shall make or cause to be made, all necessary repairs, interior and exterior, structural and non structural, foreseen as well as unforeseen. Tenant, at its own cost and expense obtain either a larger or, if space permits, an additional dumpster. If Landlord so elects, Landlord may supply a dumpster and/or compactor and Tenant shall also keep, maintain and repair all sideways, driveways, ground (including lawn care) and parking areas in a clean, neat and orderly condition and pursuant to C-1.03 be responsible for its Pro-rata Share. Tenant shall remove all snow and ice therefrom. (B) All personal property not cause or permit any materials or substances of the Tenant any nature to be poured or otherwise deposited in the Premises shall be there at storm drains and drywells situated about the sole risk of the Tenant. Landlord shall not be liable for any accident or damage to the property of Tenant resulting from any reason whatsoever. Tenant hereby expressly releases Landlord from liability incurred or claimed by reason of damage therefromProperty.