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. (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. (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. 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 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) 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. 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 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 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. (A) Landlord shallTenant shall repair or maintain the Premises, subject to including 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 assignsloading areas and dock, and subject to loading dock equipment in connection with the aggregate cost thereof over the term not exceeding two (2) months of the then current RentPremises, maintain the exteriorin a clean, structural wallssafe, and foundations of the building except for alterations operable condition, and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility not permit or allow to maintain and repair. Tenant shall throughout the Term, at no cost remain any waste or expense damage to Landlord, make all other necessary repairs to the interior and exterior any portion 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 normal wear and tear tear, damage by tire or casualty and loss by fire or other casualty (to repairs which are the extent this Lease is terminated pursuant to Section 21 and insurance proceeds sufficient to replace the same are paid to responsibility of 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. Tenant, at its own cost sole expense, shall repair, replace and expense maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “leveler” 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 interior side of demising walls and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems saving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Within 15 days after the Commencement Date, Tenant shall also keepenter into regularly scheduled preventive maintenance/service contracts for such equipment, maintain each in compliance with Landlord’s specifications and otherwise in form and substance and with a contractor reasonably acceptable to Landlord, and deliver copies thereof to Landlord. No later than 14 days prior to the end of the Term. Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the heating, ventilation and air conditioning systems are then in good repair all sidewaysand condition and have been maintained in accordance with this Section 8. Tenant shall keep the parking areas, driveways, ground alleys and grounds surrounding the Premises (including lawn careand any items normally associated with the foregoing) and parking areas in a cleanclean and sanitary condition, neat consistent with the operation of a first-class warehouse building. Tenant shall repair or replace, subject to Landlord's direction 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 supervision, any accident or damage to the property Building caused by a Tenant Party. If Tenant fails to commence the upkeep, repairs or replacements described above within 10 days after the occurrence of such damage, then Landlord may make the same at Tenant's cost; provided, however, that in the event of an emergency or any damage that endangers the health and/or safety of the Project or any tenant of the Project, or which would affect the structural integrity of the Building. Landlord may immediately make the necessary repairs or replacements 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 resulting from any reason whatsoeverrepair 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 within 30 days after Landlord has invoiced Tenant therefor to the extent the cost thereof is not covered by reason of damage therefrom▇▇▇▇▇▇▇▇'s insurance.

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 shall, at its sole expense, but subject to the need therefore not being caused in whole or part by right to pass-through to Tenant those expenses which constitute Operating Costs, be responsible for the negligent or willful acts or omission maintenance, repair and replacement (if required) of Tenantthe Building's Structure and, as set forth below, for any replacements of Building Systems which constitute capital expenditures under GAAP (as defined herein). Tenant shall, at its agentssole expense, employeesbe responsible for the maintenance, contractors or assignsrepair and replacement (as required) of all other aspects of the Premises and the Leased Personal Property, including the exterior of the Premises (including landscaping, and subject to the aggregate cost thereof over the term not exceeding two (2) months of the then current Rentexterior painting, maintain the exterior, structural wallsas required, and foundations of including window washing), all parking areas and the building except for alterations and improvements made by Tenant affecting the foregoing, which shall be Tenant’s responsibility to maintain and repairBuilding Systems. Tenant shall throughout keep the Premises in a clean, safe, and operable condition for the conduct of Tenant's business in accordance with all Laws and any equipment manufacturer's suggested service programs. Tenant shall repair or replace, subject to Landlord's direction and supervision, any damage to the Premises (including the Building's Structure or the Building's Systems) caused by a Tenant Party. Damage does not include normal wear and tear and deterioration. Tenant shall obtain and maintain during the Term, at no cost Tenant's expense, service or expense maintenance contracts with outside vendors for those Building Systems for which service or maintenance contracts are customarily obtained and maintained, including the HVAC and elevator, and upon written request of Landlord Tenant shall provide Landlord with copies of such service or maintenance contracts for approval, which approval will not be unreasonably withheld. Exhibit E is a list of pre-approved vendors which Tenant may use to Landlordprovide maintenance, make all other necessary repairs but Landlord may disapprove of any of such vendors in the future if Landlord has a reasonable basis to do so. For clarification, Tenant shall be responsible for the interior maintenance and exterior repair of the PremisesBuilding Systems regardless of whether or not it maintains service and maintenance contracts therefor. Notwithstanding the foregoing, including, without limitation, if any of the roof, the plumbing, the parking lot, mechanical Building Systems cannot be properly repaired and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premisesrequire replacement, and all fixturessuch replacement is considered a capital expenditure under GAAP (as defined herein), equipment, Alternations and improvements installed or made by Tenant, then the cost of such replacement shall be borne by Landlord (and such cost will not be considered an Operating Cost). If Tenant fails to undertake any required maintenance or to perform any required repair or replacement work within thirty (30) days after the date that Landlord gives notice to Tenant that any required maintenance, or any prior tenants contained thereinrequired repair or replacement work, includingneeds to be performed (or such longer period as is reasonably necessary to undertake such maintenance or to perform such repair or replacement work provided that Tenant shall continuously and diligently pursue such maintenance, but not limited to, heating, air conditioning, water heater, water pump, plumbing (including sprinkler systemor repair or replacement work until substantially completed), electrical and mechanical systems, in at least as good repair order and condition as then Landlord may make the same are in on the Lease Commencement Date at Tenant's cost. The cost of any maintenance, repair or date installed replacement work performed by Tenant, reasonable wear and tear and loss Landlord under this Section 8 shall be paid by fire or other casualty Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefore (except to the extent covered by insurance maintained by Landlord). As a material inducement to Landlord entering into this Lease, Tenant waives any right to terminate this Lease is terminated pursuant to under 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 care1932(1) and parking areas in a clean, neat and orderly condition and shall remove all snow and ice therefrom. (B) All personal property 1941 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 therefromCalifornia Civil Code.

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. (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 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 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. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment used 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 Premises. Additionally, Tenant, at its sole expense, shall repair, replace (A) Landlord shall, subject excluding the Building's Structure and the parking areas adjacent to the need therefore not being caused Premises) and maintain in whole or part by good condition and in accordance with all Laws and the negligent or willful acts or omission of Tenantequipment manufacturer's suggested 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, 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, the parking lotwater, mechanical and electrical systems serving the Premises. Tenant shall, in addition, at no cost or expense to Landlord, maintain the Premisesfire sprinkler system, and all fixturessewer lines up to points of common connection, equipmententries, Alternations doors, ceilings, windows, interior walls, and improvements installed or made by Tenantthe interior side of demising walls, by Landlord or any prior tenants contained therein, including, but not limited to, and heating, ventilation and air conditioning, water heater, water pump, plumbing conditioning systems (including sprinkler systemany evaporative units), electrical and other building and mechanical systems, in at least as each case exclusively 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 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 order and condition as the same are and have been maintained in on the Lease Commencement Date accordance with this Section 8. Tenant shall repair or date installed by Tenantreplace, 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 subject to Landlord's 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 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. (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.