Common use of Repairs Clause in Contracts

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In 7.1 Tenant, at its sole cost and expense, throughout the event term of a property loss which may be repaired within one hundred eighty (180) days from the date this Lease Agreement, shall take good care of the damageDemised Premises (including any improvements hereafter erected or installed on the Land), orand shall keep the same in good order and condition and shall make and perform all maintenance and replacements thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description which are necessary for the continued operation of Renaissance Fairs on the Demised Premises. All repairs made by Tenant shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the alternativestandards which are appropriate for improvements of similar construction and class, provided that Tenant shall in the any event the parties do not elect make all repairs necessary to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior avoid any structural damage or other damage or injury to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Improvements. 7.2 Landlord shall not be required to repair furnish any services or replace facilities or to make any damage repairs or loss alterations in, about or to the Demised Premises or any improvements hereafter erected thereon. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and all improvements hereafter erected thereon, and Tenant hereby waives any rights created by any law now or from fire hereafter in force to make repairs to the Demised Premises or other cause improvements hereafter erected thereon at Landlord's expense. 7.3 Tenant shall not do or suffer any waste or damage, disfigurement or injury to the Demised Premises, or any panelingsimprovements hereafter erected thereon, decorations, partitions, additions, railings, ceilings, floor coverings, office or to the fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termtherein.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable notice (if possible) to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Landlord shall at Landlord’s cost (and not included in Operating Expenses) repair and maintain the event of a property loss which may be repaired within one hundred eighty (180) days from the date structural portions of the damageBuilding (collectively, orthe “Building Structure”), basic plumbing, sewer, heating, ventilating, air-conditioning, fire suppression/ sprinkler, Building security and electrical systems installed or furnished by Landlord and not located within the Premises (collectively, the “Building Systems”), unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the “Tenant Parties.” as defined in Section 10.1, below, in which event Tenant shall pay to Landlord, as Additional Rent, the alternative, reasonable cost of such maintenance and repairs. Except as set forth in the event the parties do not elect preceding sentence. Tenant shall, at Tenant’s own expense, pursuant to terminate this Lease under the terms of Section 19.1 abovethis Lease, then this including, without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease shall continue in full force Term. In addition. Tenant shall, at Tenant’s own expense but under the supervision and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior subject to the property loss as practicableprior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided, however, that that, at Landlord’s option, or if the Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodreplacements, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have pay Landlord the right cost thereof, including a percentage of the cost thereof (to terminate be uniformly established for the Lease by written notice Building, not to exceed 10% of the cost of repair) sufficient to reimburse Landlord within twenty (20) days following the earlier of (a) notice for all overhead, general conditions, fees and other costs or expenses arising from Landlord that the Landlord’s involvement with such repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationreplacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times (provided that Landlord acts in accordance with Article 27) to repair make such repairs, alterations, improvements and additions to the Premises or replace any damage to the Building or loss by or from fire or other cause to any panelingsequipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenantordinance now or hereafter in effect. Such partial destruction shall in no way annul or void this Lease except that Tenant The Building Structure and Building Systems shall be entitled collectively referred to a proportionate reduction of Rent following as the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term“Base Building.”

Repairs. In Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the event provisions of a property loss which may be repaired within one hundred eighty Article 8 of this Lease, keep the "Tenant Responsible Premises" (180as defined below in this Article 7) days from in good repair and tenantable condition at all times during the date Term of this Lease, and Tenant shall promptly and adequately repair all damages to the damageTenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, orfixtures and appurtences, in the alternative, in the event the parties do not elect to terminate this Lease under the terms cited supervision and with the approval of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixturesLandlord, and equipment and within any other work reasonably necessary to ready the Leased Premises for the operation reasonable period of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premisestime specified by Landlord. If the parties canTenant does not agree within forty-five (45) days of the property lossdo so, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to Tenant any sums give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due in respect and payable within thirty (30) days after delivery of a ▇▇▇▇ therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the reduced rental from Premises or the date Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the property lossorder or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. Landlord’s obligations In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to restore make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way include ▇▇▇▇▇ while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any construction originally performed off-set or counterclaim for damages of any kind against Landlord by Tenant or subsequently undertaken by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything 's access to the contrary contained in this Lease, Premises or Tenant's ability to conduct its business in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to such indebtedness, then Landlord shall the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the right to terminate this Lease by delivering written notice of termination to same done during any other hours Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease pay for the expiration of the Termall overtime and additional expenses resulting therefrom.

Repairs. In Tenant will, at Tenant’s own expense, keep the event Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of a property loss which may be repaired the Landlord, and within one hundred eighty any reasonable period of time specified by the Landlord. If the Tenant does not do so after five (1805) days from written notice to Tenant, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the date cost thereof, including a percentage of the damagecost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all, orfees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, in forthwith upon being billed for same. Landlord may, but shall not be required to, enter the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake Premises at all reasonable times to make such repairs repairs, alterations, improvements and additions to reconstitute the Premises or to the Building and or to any equipment located in the Leased Premises Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Except as near otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the condition as existed prior Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the property loss interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as practicableexpressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. Landlord shall not be required to make any such repair or replacement where such repair or replacement is necessitated by any action, willful misconduct, omission, non-action, or negligence of Tenant or Tenant’s agents, employees, customers, invitees, or contractors or caused by unlawful breaking and entering. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the repairs and restoration nature of Landlord’s obligation is such that more than ten (10) days after such notice are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or reasonably required for its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”)performance, then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void breach of this Lease except that if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to a proportionate reduction of Rent following the property loss and abatement until the time the Leased Premises are restored such breach is cured and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease no claim against Landlord for any damages suffered by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date reason of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termbreach.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), or elsewhere exclusively serving the date of the damage, orPremises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to make the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant (including to the extent that such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior are required due to the property loss as practicablenegligence or willful misconduct of Landlord); provided, however, that if such repairs are due to the negligence or willful misconduct of Landlord, Tenant shall nevertheless make such repairs at Landlord’s expense, or, if covered by Tenant’s insurance, Landlord shall only be obligated to pay any deductible in connection therewith. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make repairs that are its responsibility to repair, Landlord may, but need not, make such repairs and restoration are not in fact substantially completed within replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such one hundred eighty repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises from the Building connection point to the Premises (180) day period, subject to delays caused by the extent serving Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”exclusively), then and Tenant shall also have secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the right regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to terminate the Lease by written notice to Landlord within twenty exterior walls, foundation and roof (20including roof membrane) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration has not been substantially completed at Tenant’s expense, or, if covered by such expirationLandlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on equipment located in the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Project as Landlord shall within ten (10) days thereafter refund desire or deem necessary or as Landlord may be required to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed do by Tenant governmental or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage quasi-governmental authority or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termcourt order or decree.

Repairs. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to commence repair within five (5) days thereafter and to diligently pursue the same to completion (except in the event of a property loss which may an emergency, when no notice shall be repaired within one hundred eighty (180required) days from the date of the damagebut need not, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to reconstitute be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith within thirty (30) days after being billed for same. Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floor of the Building on which the Premises is located, the systems and equipment of the Building, and the Leased Premises to as near the condition as existed prior Common Areas, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the repairs and restoration are not in fact substantially completed within negligence or willful misconduct of Tenant, Landlord shall nevertheless make such one hundred eighty (180) day periodrepairs, subject to delays caused but at Tenant’s expense, or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice pay any deductible in connection therewith. Subject to Article 27, below, Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodmay, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to, enter the Premises at all reasonable times to repair make such repairs to the Premises, or replace any damage repairs, alterations, improvements or loss by additions to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Tenant will, at Tenant’s own expense, keep the event Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of a property loss which may be repaired the Landlord, and within one hundred eighty any reasonable period of time specified by the Landlord. If the Tenant does not do so after five (1805) days from written notice to Tenant, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the date cost thereof, including a percentage of the damagecost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all, orfees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, in forthwith upon being billed for same. Landlord may, but shall not be required to, enter the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake Premises at all reasonable times to make such repairs repairs, alterations, improvements and additions to reconstitute the Premises or to the Building and or to any equipment located in the Leased Premises Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Except as near otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the condition as existed prior Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the property loss interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as practicableexpressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. Landlord shall not be required to make any such repair or replacement where such repair or replacement is necessitated by any action, willful misconduct, omission, non action or gross negligence of Tenant or Tenant’s agents, employees, customers, invitees, or contractors. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the repairs and restoration nature of Landlord’s obligation is such that more than ten (10) days after such notice are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or reasonably required for its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”)performance, then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void breach of this Lease except that if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to a proportionate reduction of Rent following the property loss and abatement until the time the Leased Premises are restored such breach is cured and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease no claim against Landlord for any damages suffered by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date reason of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termbreach.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate If this Lease under the terms of Section 19.1 is not terminated as provided above, then this Lease it shall continue in full force and effect effect, and Landlord shall forthwith undertake promptly and diligently, subject to make such repairs reasonable delays for insurance adjustment, and subject to reconstitute all other terms of this Article, restore the Building Premises, the Common Areas and the Leased portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as near to the Tenant Improvements and any Alterations; provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Further, if the Premises included any above-Building standard improvements as of the Commencement Date and the restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as existed prior to the property loss as practicable; providedcasualty, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of except for modifications (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or required by Law; (b) required by the expiration holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Restoration Period if Project. No such modifications shall materially impair access to the repairs Premises and restoration has not been substantially completed by such expirationany Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be required to liable for any loss of business, inconvenience, or annoyance arising from any casualty or any repair or replace restoration of any portion of the Premises, the Building, or the Project as a result of any damage or loss from any casualty. All work by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears subject to the total square footage terms and conditions of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermArticle 11.

Repairs. In 8.01 The Tenant covenants to repair and maintain the event of a property loss which may be repaired within one hundred eighty (180) days from Leased Premises including, without limiting the date generality of the foregoing, all plumbing, electrical, and, air-conditioning, systems, facilities and equipment in the Leased Premises, and all windows, as would a prudent owner, reasonable wear and tear and damage, orby fire, lightning, tempest and structural defect or weakness only excepted. The Landlord may enter and view state of repair and that the Tenant will repair and maintain according to notice in writing; provided that if the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake Tenant neglects to make such repairs or maintenance within a reasonable time after notice, the Landlord may, at its option, make such repairs or maintenance at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to reconstitute pay to the Landlord forthwith as additional rent, all sums which the Landlord may have expended making such repairs and maintenance, and shall not have previously received from the Tenant; and provided further that the making of any repairs or maintenance by the Landlord shall not relieve the Tenant from the obligation to repair. 8.02 If the Building and or any part thereof, become damaged or destroyed through the negligence, carelessness or misuse of the Tenant, his servants, agents, employees or anyone permitted by him to be in the Building, or through him or them in any way stopping up or injuring the heating apparatus, elevators, water pipes, drainage pipes or other equipment or part of the Building, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall pay the same to the Landlord on demand, as additional rent. 8.03 The Tenant shall leave the Leased Premises to in such state of repair and maintenance as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be is required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termreasonable wear and tear excepted.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, redecorate or paint all or any part of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Premises. Landlord shall forthwith undertake repair, maintain and replace as necessary and in good condition, as part of Operating Expenses to make such repairs to reconstitute the extent provided in Section 7 hereof, the foundation and structural elements of the Building (including structural load bearing walls and roof structure and roof membrane and skylights), and the Leased Premises to as near the condition as existed prior to the property loss as practicableBuilding’s and Project’s Common Areas; provided, however, that if to the extent such maintenance, repairs and restoration or replacements are not in fact substantially completed within such one hundred eighty (180) day periodrequired as a result of any act, subject to delays caused by neglect, fault or omission of Tenant or its any of Tenant’s agents, contractors, employees, contractors invitees, licensees, tenants or agents and delays beyond the reasonable control of Landlord assigns (the “Restoration PeriodTenant’s Parties”)) or because of Tenant’s specific use of or Alterations to the Premises, then Tenant shall also have pay to Landlord, as Additional Rental, the right costs of such maintenance, repairs and replacements to terminate the Lease extent such costs are not covered by insurance proceeds (subject to the waiver of subrogation below). Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord within twenty (20) days following by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the earlier making of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodany repairs, alterations or (b) the expiration improvements in or to any portion of the Restoration Period if Project, Building or the repairs Premises or in or to fixtures, appurtenances and restoration has not been substantially completed by such expirationequipment therein. Landlord shall not be required to repair make any repairs or replace any damage or loss by or from fire or improvements to the Premises other cause to any panelingsthan as expressly required under this Lease. (b) Except for Landlord’s obligations specifically set forth elsewhere in this Lease, decorationsTenant shall at all times and at Tenant’s sole cost and expense, partitionsmanage and maintain the Premises (including all Building systems) in a good condition consistent with similar Class “A” buildings in Mountain View and shall keep, additionsmaintain, railingsclean, repair, and replace, as necessary, the Premises and all parts thereof, including, without limitation, plumbing/pipes and conduits at the point of entry into the Premises and inside the Premises, all HVAC systems located within the Premises, all windows, restrooms, ceilings, floor coveringsinterior walls, office fixtures or interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, loading dock areas and doors, fences, signs, sprinkler and electrical systems within the Premises, fire and life safety systems and lighting and HVAC control systems, and any other property or improvements installed on Tenant Improvements and Alterations, so as to keep the Leased Premises byin such good condition and repair, or belonging toreasonable wear and tear and casualty damage excepted. Additionally, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Project to a proportionate reduction the Premises and throughout the Premises. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Tenant shall maintain the Building’s systems which are located in the interior of Rent following the property loss Premises. At Landlord’s option, if Tenant fails to maintain the Premises or to make such repairs beyond any applicable notice and until the time the Leased Premises are restored and Tenant has had a reasonable cure period, Landlord may, but need not, perform such maintenance or make such repairs, in which case Tenant shall pay Landlord the cost thereof, including a percentage of the cost (not to exceed 10%) thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs and maintenance to the Premises or to any equipment located in the Building as Landlord shall be required to maintain hereunder or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by Law, Tenant hereby waives and releases all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided byany law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically and expressly herein set forth. Notwithstanding the foregoing, if (i) a capital repair or replacement to any item described in this Section 13(b) is necessary or required, (ii) such repair or replacement would normally be capitalized under normal accounting practice and is in excess of Twenty Thousand Dollars ($20,000), and (iii) if as a result of such expenditure the useful life of item being repair or replaced (as such useful life is based on the estimated actual life pursuant to generally accepted accounting practices) will extend beyond the Lease Term, then, subject to the requirements set forth in this Section 13, Landlord will reimburse Tenant for Landlord's prorata share thereof within thirty (30) daysdays following the substantial completion of the applicable repair or replacement. ▇▇▇▇▇▇▇▇'s prorata share of such expenditure shall be a fraction, the numerator of which is the number of months remaining on the useful life of the item being repaired or replaced after the expiration or sooner termination of this Lease, and the denominator of which is the total number of months of the useful life of the repaired or replaced item. As a condition precedent to complete ▇▇▇▇▇▇▇▇'s obligation to reimburse Tenant for a prorata share of any such expenditure, Tenant shall first obtain Landlord's prior written approval of the installation contractor, the plans and specifications, the amount of any such expenditure and the useful life resulting from such expenditure, which approval shall not be unreasonably withheld or delayed. Upon such approval, either party shall, at the other party's request, enter into an amendment of this Lease identifying the amount subject to reimbursement by ▇▇▇▇▇▇▇▇. (c) Tenant shall, at Tenant’s furnituresole cost and expense, fixtures, procure and equipment and any other work reasonably necessary to ready the Leased Premises for the operation maintain regularly scheduled preventive maintenance/service contracts (copies of Tenant’s business and to move into the Leased Premises. Such reduction which shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears delivered to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossLandlord upon request), the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive in form and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken substance approved by Tenant, but for: (a) heating, air conditioning and ventilation equipment; (b) boiler, fired or unfired pressure vessels; (c) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection; and (d) elevators, to the extent solely within the Premises. All maintenance/service contracts shall include solely that property constructed all services recommended by Landlord prior the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to commencement Landlord) within thirty (30) days following the Lease Commencement Date. The term of any such service contracts shall not extend beyond the Term hereof. Notwithstanding anything Lease Term. (d) If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the contrary contained in this Lease, in the event the holder reasonable satisfaction of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtednessLandlord, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within at any time following fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on from the date on which Landlord makes a written demand on Tenant to effect such repair and maintenance and which is not cured by Tenant, Landlord may (i) enter upon the Premises and perform such maintenance and/or make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rental, ▇▇▇▇▇▇▇▇’s costs for making such repairs plus ten percent (10%) of such damage as if the date costs for overhead, within 30 days after receipt from Landlord of such damage were the date originally fixed in this Lease a written itemized bill therefor, or (ii) take over Tenant’s repair obligations for the expiration remainder of the TermTerm (including any Option Terms), and include the cost of same in Operating Expenses. Any amounts not reimbursed by Tenant within the aforementioned 30-day period will bear interest at the Interest Rate until paid by ▇▇▇▇▇▇. Notwithstanding the foregoing, the initial 15-day period set forth above shall be five (5) days in the event of an emergency which constitutes a dangerous condition to persons or property.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs shall keep and restoration will take longer than the Restoration Period, or (b) the expiration maintain all parking and structural portions of the Restoration Period if Building (including the repairs roof, foundations and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelingsexterior walls, decorationsexcluding plate glass) in good condition and repair, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall bear the expense of repairing any damage caused by Tenant, or by its agents, employees, servants, contractors, invitees or guests (collectively, “Tenant Parties”). (b) Tenant shall, at its expense, (i) keep the Premises in compliance with any local, state or federal rule, regulation or law having to do with the use or occupancy of the Premises; and (ii) keep and maintain the entire Premises, including all utilities, heating, air conditioning, water, sewer, electrical and sprinkler systems (if any) within the Premises and the fixtures and appurtenances therein in good condition and repair, except for those portions of the Premises to be entitled kept and maintained by Landlord as provided herein. Furthermore, Tenant agrees that it shall be liable for any damage to a proportionate reduction of Rent following the property loss such heating, air conditioning, water, sewer, electrical and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty sprinkler systems (30if any) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental damage resulting from the date improper maintenance of the property loss. Landlord’s obligations these systems. (c) Landlord will deliver HVAC units in good condition, and tenant agrees to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, return units in the event same condition, normal wear and tear expected. Option A: Tenant agrees to contract with a qualified HVAC company to handle quarterly maintenance (filter changing, coil cleaning, topping off Freon). Tenant agrees to pay for any roof damages resulting from HVAC techs. ii. Option B: NO FAULT HVAC PLAN: Because having HVAC techs on your roof invariably causes roof leaks that are a major inconvenience to you and a cost burden, we now offer a no-fault HVAC care plan which allows us to use our techs to handle quarterly maintenance, filter changes, Freon maintenance, minor repairs, all the holder way up to major component replacement. Your price is $95 per unit monthly. This is about what you would pay for just the quarterly servicing from a reputable HVAC firm, and includes your repairs and replacement as needed. For emergency repairs, we make every effort to get you back up and running quickly. Given that life is not always perfect, there may be times when sourcing parts causes more of any indebtedness secured by a mortgage or deed delay than either of trust covering the Leased Premisesus would like. In these situations, Building and/or Complex requires that any insurance proceeds we will be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease resourceful as possible and ask for the expiration of the Termyour understanding when we can’t produce instant results.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures and furnishings therein, and the date floor covering of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damagePremises, orincluding all improvements, fixtures, equipment, window coverings, and furnishings therein, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building and (collectively, the Leased Premises to as near the condition as existed prior "Base Building"), except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements and additions to the Premises or replace any damage to the Building or loss by or from fire or other cause to any panelingsequipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant. Such partial destruction shall in no way annul 's use of, or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossaccess to, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises is located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, Tenant. Such partial destruction the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall in no way annul or void this Lease except that Tenant shall be entitled use commercially reasonable efforts to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of materially interfere with Tenant’s furnitureuse of, fixturesor access to, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. The Tenant shall take good care of the Demised Premises and shall make all necessary non-structural repairs to the interior thereof except for repairs of damage resulting from causes outside of the Demised Premises, e.g. leaks or overflows in neighboring space. Landlord shall maintain, repair or replace all HVAC, plumbing and electrical fixtures and circuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain and repair the common areas of the building including hallways, entry, vestibule, bathrooms, and the exterior of the building including the parking lot and landscaping at the Landlord's expense. Upon the expiration or at the termination of this lease, the Tenant shall surrender the Demised Premises to the Landlord in as good condition as at the commencement of the term, ordinary wear and tear excepted. Tenant is prohibited from making any structural improvements, alterations or additions to the Demised Premises without first obtaining the written approval therefore from the Landlord, and all such improvements, alterations or additions made by the Tenant shall be the property of the Landlord, at no expense to the Landlord, and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that any mechanics' lien is filed against the Demised Premises as a result of a property loss which may be repaired within one hundred eighty (180) days from any repairs, improvements, alterations or additions made by the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputeLandlord, the settlement shall be retroactive and Landlord shall within at its option, after ten (10) days thereafter refund written notice to the Tenant, may terminate this lease and/or may pay the said lien, without inquiring into the validity thereof, and the Tenant any sums due shall forthwith reimburse the total expense incurred by the Landlord in respect discharging the said lien as additional rent hereunder on the first day of the reduced rental from the date of the property lossnext month following such payment by Landlord. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on install and maintain in the date of such damage as if the date of such damage were the date originally fixed in this Lease Demised Premises all utility lines and electric wiring and all other appliances necessary for the expiration operation of the Termbalance of the building of which the Demised Premises form a part, and shall have access to the Demised Premises at all reasonable times after prior reasonable notice to Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to the Tenant by the Landlord by reason of inconvenience, annoyance, loss or damage arising from the necessity of making such repairs, however the necessity may occur, nor shall there be any abatement in rent during such period of time. Landlord shall take reasonable steps to perform its rights and obligations hereunder without unnecessary or unreasonable interference to Tenant's business.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises is located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant. Such partial destruction shall in no way annul 's use of, or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following access to, the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near base building systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on equipment located in the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Project as Landlord shall within ten (10) days thereafter refund desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any sums due and all rights it may have at law or in respect equity to make repairs at the expense of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Landlord shall, upon reasonable notice from ------- Tenant, make the event of a property loss which may be repaired within one hundred eighty (180) days from necessary structural repairs to the date exterior walls, and any load bearing interior walls and shall keep in good order, condition, and repair the exterior foundations, and roof of the damage, or, in building containing the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make Demised Premises (such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, obligation not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixturesinclude all windows, and equipment and any other work reasonably necessary to ready the Leased Premises all operating parts such as overhead ducts or fans or skylights). Except for the operation of Tenant’s business above and to move into the Leased Premises. Such reduction shall for what may otherwise be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained specifically provided for in this Lease, in Tenant shall be responsible for maintenance and repairs of and to the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied including but not limited to the following responsibilities: Tenant shall take good care of the Premises and the fixtures, appurtenances and systems in or affecting the Premises including (but not limited to) plumbing, sewers, gutters, downspouts, doors, painting, windows, electrical, heating, sprinkler and air conditioning, if any, and shall make all repairs thereto or replace as and when needed to preserve them in good working order and condition, and shall maintain the Premises in a clean, neat condition, and Landlord, at its option., shall maintain the parking area and other outside portions of the Premises, including but not limited to landscaping, paving repairs, sidewalk repairs all necessary removal of snow, ice and debris, and maintenance of lawns, shrubbery and entranceways and Tenant shall pay its Pro Rata of same. Tenant shall not permit or suffer the Premises to fall to such indebtednesslow temperature as would cause freezing of the water lines or sprinkler servicing the Premises; and, then in default hereof, Tenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall hold Landlord shall have the right to terminate this Lease harmless from any loss, damage or liability caused by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date or arising out of such freezing. Notwithstanding anything above to the contrary, all damage as if or injury to the date Premises or to any other part of such damage were said 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, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole costs and expense, to the date originally fixed reasonable satisfaction of Landlord and in this Lease for the expiration of the Term.accordance with Section 8.01

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date carpet or other floor covering on the floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, damage caused by Landlord shall forthwith undertake or any Landlord Party, and damage caused by other events beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs after notice and a reasonable opportunity to reconstitute cure (provided that such notice and cure right shall not be applicable in the case of an emergency), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of three percent (3%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for maintaining in good condition and making repairs to the Common Areas, the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near base building systems and equipment (including the condition as existed prior base building utility systems and base building utility equipment) of the Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease enter the Premises at all reasonable times upon reasonable prior notice to Tenant (except that Tenant no notice shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, required in the event of an emergency) to make such repairs, alterations, improvements or additions to the holder of Premises or to the Project or to any indebtedness secured by a mortgage or deed of trust covering equipment located in the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Project as Landlord shall deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it may have at law or in equity to make repairs at the right to terminate this Lease by delivering written notice expense of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.Landlord

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near base building systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date The Tenant shall take good care of the damagepremises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to keep them in good order and condition; such repairs to be equal in quality to the original work; provided, that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities in the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the alternativecase of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the event work necessary to make them within five (5) days after notice from the parties do not elect to terminate this Lease under Landlord of the terms of Section 19.1 abovecondition requiring repair, then this Lease in either case, the Landlord may (but shall continue in full force have no obligation to) immediately enter the premises and effect and make the required repairs at the expense of the Tenant. The Landlord may (but shall forthwith undertake to make such have no obligation to) make, at the expense of the Tenant, any repairs to reconstitute the Building and the Leased Premises building or to as near the condition as existed prior its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or the wilful acts of the Tenant or Tenant's employees, agents, contractors, licensees or visitors; (ii) to the moving, into or out of the building, of property loss as practicablebeing delivered to or taken from the premises by Tenant, Tenant's agents, employees, contractors, licensees or visitors; provided(iii) to the installation, however, that if repair or removal of the repairs and restoration are not property of the Tenant in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused the premises by Tenant or its Tenant's agents, employees, contractors contractors, licensees or agents visitors; or (iv) to the negligent or willfully incorrect operation of any machinery equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the actual and delays beyond reasonable cost of any repairs made by the reasonable control Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant's obligations under the first sentence of this Article THIRD (the “Restoration Period”a), then Tenant shall also have the right to terminate Landlord, at Landlord's cost and expense, will, upon notice of the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that need therefor, make the repairs required and restoration will take longer than perform all maintenance necessary to keep the Restoration Period, or (b) the expiration of the Restoration Period if the repairs building and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, its fixtures, and appurtenances, facilities, equipment and any other work reasonably necessary to ready systems (including the Leased Premises for the operation of Tenant’s business plumbing, heating and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45electrical systems) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termgood working order.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired Premises (including all improvements, fixtures and furnishings therein, and, to the extent within one hundred eighty (180) days from the date demising wall envelope of the damagePremises, the floor or floors of the Building on which the Premises are located), in good order, repair and condition at all times during the Lease Term, except for damage caused by ordinary wear and tear or, in subject to the alternativeTCCs of Article 11, in fire or other casualty beyond the event the parties do not elect to terminate this Lease reasonable control of Tenant. In addition, Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or, subject to the TCCs of Article 11, fire or other casualty beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior to the property loss as practicableBuilding; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, Tenant. Such partial destruction the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall in no way annul or void this Lease except that Tenant shall be entitled use commercially reasonable efforts to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of materially interfere with Tenant’s furnitureuse of, fixturesor access to, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In 6.01. Landlord shall maintain and repair the event Common Areas of a property loss which may the Building, both exterior and interior. Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and, at Tenant's sole cost and expense, make all non-structural repairs thereto as and when needed to preserve said Demised Premises and fixtures in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Notwithstanding the foregoing, 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 repaired within one hundred eighty (180) days from promptly by Tenant at its sole cost and expense, to the date satisfaction of the damage, or, Landlord in the alternative, in the event the parties do not elect its sole and absolute judgment. Tenant shall also repair all damage to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased 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 as near the original work or construction. 6.02. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating/ventilation system or electrical lines located in, servicing or passing through the Demised Premises and, following such notice, Landlord shall remedy the condition with due diligence but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, or Tenant's servants, agents, employees, invitees or licensees as existed prior aforesaid. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or other tenants 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 property loss as practicable; providedfixtures, howeverappurtenances or equipment thereof unless such inconvenience, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays annoyance or injury was caused by Tenant Landlord's, or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodservants, or employees', negligent acts or failure to act, and if as a result of such failure to make any such repairs, alterations, additions or improvements, Tenant is unable to conduct its business operations at the Demised Premises for a period of ten (b10) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by consecutive Normal Business Days or more, then, in such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelingsevent, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction an abatement of Base Rent following and Additional Rent for each day during such period that Tenant was unable to conduct its business operations. Notwithstanding the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable periodforegoing, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by event shall the Base Rent or Additional Rent be setoff hereunder, it being understood that Tenant may bring a separate action or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termlegal proceeding.

Repairs. In Landlord shall at all times during the event of a property loss which may be repaired within one hundred eighty (180) days from Lease Term maintain in good condition and operating order the date structural portions of the damageBuilding, orincluding, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at ▇▇▇▇▇▇’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that, Landlord shall forthwith undertake have the exclusive right, at Landlord’s option, but not the obligation, to make such repairs and replacements, and Tenant shall pay to reconstitute Landlord the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; providedcost thereof, however, that if the including ▇▇▇▇▇▇▇▇’s standard fee for its involvement with such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodreplacements, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpromptly upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In (a) Landlord shall make (i) all structural repairs and, at Landlord’s election, replacements, to the event of a property loss which may be repaired within one hundred eighty Center and Building, (180ii) days from all repairs and, at Landlord’s election, replacements, to the date roof, exterior walls and exterior windows and glass and to the common areas of the damageCenter and Building, or(iii) all repairs and replacements necessary to maintain the plumbing, in the alternativeair conditioning, in the event the parties do not elect heating, ventilation, electrical, sprinkler, and other utility and mechanical systems, elevators, floors (excluding carpeting), and (iv) repairs and, at Landlord’s election, replacements, to terminate this Lease under the terms all other items which constitute a part of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicableSpace and are installed or furnished by Landlord; provided, howeverhowever that Landlord shall not be obligated for any such repairs or replacements until the expiration of a reasonable period of time after written notice from Tenant that such repair is needed, that but in no event longer than thirty (30) days thereafter, or if the such repairs and restoration or replacements are not in fact substantially capable of being completed within such one hundred eighty (180) 30-day period, subject than within such additional reasonable amount of time as is necessary, provided Landlord has commenced such repairs or replacements during such 30-day period and proceeds thereafter with due diligence to delays complete such repairs or replacements. In no event shall Landlord be obligated to repair any damage caused by an act, omission or negligence of the Tenant or its employees, contractors agents, invitees, licensees, subtenants or agents and delays beyond contractors. (b) Except as the reasonable control of Landlord (the “Restoration Period”)is obligated for repairs as provided above, then Tenant shall also have make, at its sole cost and expense, all repairs necessary to maintain the right Leased Space and shall keep the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to terminate make such repairs, or fails to diligently prosecute the Lease by same to completion, following expiration of a reasonable time after Tenant’s receipt of written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that of the need therefor, Landlord may make such repairs at the expense of Tenant and the reasonable expense thereof shall be collectible as Additional Rent. Any such repairs and restoration any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Tenant agrees that prior to performing any work which will take longer than become permanently affixed to the Restoration PeriodLeased Space, Tenant shall provide Landlord with plans and specifications of its proposed improvements for Landlord’s review and, if acceptable, its approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall reimburse Landlord for Landlord’s cost in reviewing said plans and specifications at the rate of $70 per hour. (bc) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required liable by reason of any injury to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of interference with Tenant’s business and arising from the making of any repairs, alterations, additions or improvements in or to move into the Leased PremisesSpace, or the Building or Center or to any appurtenances or equipment therein. Such reduction shall be based on Notwithstanding the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossforegoing, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund make reasonable efforts to Tenant any sums due avoid unnecessary interference to Tenant’s operations in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant performing such repairs, alterations, additions or subsequently undertaken by Tenantimprovements, but such efforts shall include solely that property constructed by not require Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termperform work outside normal business hours.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired Premises, including all improvements, fixtures, furnishings, and systems and equipment within one hundred eighty (180) days from the date of Premises or elsewhere exclusively serving the damage, orPremises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to reconstitute the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and the Leased Premises to as near the condition as existed prior Common Areas (to the property loss as practicableextent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have only be obligated to pay any deductible in connection therewith. Subject to the right to terminate the Lease by written notice to terms of Article 27 below, Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodmay, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures statute or any other property ordinance now or improvements installed on the Leased Premises by, or belonging to, Tenanthereafter in effect. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but obligation hereunder shall include solely that property constructed by Landlord prior to commencement maintenance and repair of all telecommunications wire and cabling with the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermBuilding’s network cabling.

Repairs. In Except for ordinary wear and as otherwise provided in this Lease, Tenant shall, at all times during the event Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the Premises in good order, repair and condition, and Tenant shall promptly arrange with Landlord to have Landlord (or Landlord's agent) make repairs of a property loss which may be repaired within one hundred eighty all other damages to the Premises and the replacement or repair of all damaged or broken glass (180) days from the date of the damageincluding signs thereon), orfixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the alternativePremises), with materials equal in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force quality and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior class to the property loss as practicable; providedoriginal materials damaged or broken, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused any reasonable period of time specified by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationLandlord. Landlord may, but shall not be required to repair do so, enter the Premises at all reasonable times to make any repairs, alterations, improvements or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railingsincluding, ceilingsbut not limited to, floor coveringsducts and all other facilities for heating and air conditioning service, office fixtures as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by the municipality in which the Building is located or by the order or degree of any court or by any other property proper authority. The cost of all repairs made by Landlord to the Property which are made necessary as a result of misuse or improvements installed on neglect by Tenant or Tenant's employees, invitees or agents or resulting from the Leased Tenant's failure to maintain and repair systems (including but not limited to HVAC, plumbing and electrical systems), servicing the Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this accordance with the provisions contained in the Lease except that Tenant Rider,) shall be entitled paid as additional Rent by Tenant to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) business days thereafter refund to Tenant any sums due in respect of the reduced rental from the date being billed for same. The cost of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken all other repairs and replacements (except those caused by Tenant, but 's misuse or negligence and those relating to Tenant's movable fixtures) shall include solely that property constructed be paid for by Landlord prior to commencement of the Term hereofLandlord. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermSEE SECTION 3 OF THE LEASE RIDER.

Repairs. In Except as otherwise provided in Article 7, except as resulting from Tenant’s negligence or misuse, except as resulting from settling or sagging within standard engineering tolerance (provided that the event of a property loss which may be repaired within one hundred eighty (180) days from settling or sagging does not affect the date surface or structural integrity of the damageBuilding or in any way materially affect the ordinary and customary use of the Premises, oror any part thereof by Tenant), in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake maintain the structural integrity of the Building, including but not limited to make such the roof, exterior walls, and windows and skylights. Landlord shall also be responsible for (i) all exterior maintenance, repairs and replacements necessary to reconstitute keep in good condition and working order all common areas of the Building and the Leased Premises to as near Park, and the condition as existed prior trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the Lot or elsewhere in the Park, including but not limited to, all lighting and other fixtures and equipment serving such parking areas, driveways and walkways, (ii) providing the services to the property loss as practicable; providedBuilding and Premises (including all utilities) and performing the maintenance work set forth in Section 4.2 and Article V hereof, however, that if the and (iii) performing necessary repairs and restoration are replacements to maintain the watertight integrity of the Building, including but not in fact substantially completed within such one hundred eighty (180) day periodlimited to the roof, subject to delays caused by Tenant or its employeesexterior wall, contractors or agents windows and delays beyond the reasonable control of skylights. Landlord (the “Restoration Period”), then Tenant shall also have maintain, repair and replace the right HVAC equipment in the Building, such that it shall be in good operation condition throughout the Term, reasonable wear and tear excepted. Landlord shall make all of such repairs and replacements necessary to terminate maintain the Lease by written foregoing in good condition and working order and in compliance with all laws and all costs and expenses under this Section 5.1.3 shall be included in Landlord’s Operating Costs pursuant to the provisions of Section 4.2, except as set forth therein to the contrary. All other repairs and maintenance, except as specifically otherwise provided for herein, shall be the responsibility of Tenant. In the event that Tenant gives notice to Landlord within twenty (20) days following of a condition which Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the earlier terms of (a) this Section 5.1.3, Landlord shall respond promptly to investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice from Landlord that the repairs and restoration will take longer than the Restoration Periodas soon as reasonably possible of any condition known to Tenant which might require, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. left uncorrected will necessitate Landlord’s obligations repair pursuant to restore shall in no way include any construction originally performed by this Section 5.1.3. Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice require, at reasonable times and with reasonable advance notice, a representative of termination Landlord to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on inspect the date Premises for repairs which may be the responsibility of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.Landlord;

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, redecorate or paint all or any part of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Premises. Landlord shall forthwith undertake repair, maintain and replace as necessary, as part of Operating Expenses to make such repairs to reconstitute the extent provided in Section 7 hereof, (i) the foundation and structural elements of the Building (including structural load bearing walls and roof structure), (ii) the Leased Premises to as near the condition as existed prior Building’s and Project’s Common Areas, and (iii) to the property loss as practicableextent installed by Landlord, the base Building mechanical, utility lines, connections and meters (but expressly excluding any tenant sub-meters); provided, however, that if to the extent such maintenance, repairs and restoration or replacements are not in fact substantially completed within such one hundred eighty (180) day periodrequired as a result of any act, subject to delays caused by neglect, fault or omission of Tenant or its any of Tenant’s agents, contractors, employees, contractors invitees, licensees, tenants or agents and delays beyond the reasonable control of Landlord assigns (the “Restoration PeriodTenant’s Parties”)) or because of Tenant’s specific use of or Alterations to the Premises, then Tenant shall also have pay to Landlord, as Additional Rental, the right costs of such maintenance, repairs and replacements. Landlord shall not be liable for any failure to terminate the Lease by make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord within twenty (20) days following by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the earlier making of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodany repairs, alterations or (b) the expiration improvements in or to any portion of the Restoration Period if Project, Building or the repairs Premises or in or to fixtures, appurtenances and restoration has not been substantially completed by such expirationequipment therein. Landlord shall not be required to repair make any repairs or replace any damage or loss by or from fire or improvements to the Premises other cause to any panelingsthan as expressly required under this Lease. (b) Except for Landlord’s obligations specifically set forth elsewhere in this Lease, decorationsTenant shall at all times and at Tenant’s sole cost and expense, partitionsmanage and maintain the Premises (including all Building systems) in a first-class condition consistent with similar Class “A” buildings in Mountain View and Palo Alto and shall keep, additionsmaintain, railingsclean, repair, renovate, retrofit, preserve and replace, as necessary, the Premises and all parts thereof, including, without limitation, plumbing/pipes and conduits at the point of entry into the Building and inside the Premises, all HVAC systems located within the Premises, all windows, restrooms, ceilings, floor coveringsinterior walls, office fixtures or skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, loading dock areas and doors, fences, signs, sprinkler and electrical systems within the Premises, fire and life safety systems and lighting and HVAC control systems, and any other property or improvements installed on Tenant Improvements and Alterations, so as to keep the Leased Premises byin such first class condition and repair, or belonging toreasonable wear and tear and casualty damage excepted. Additionally, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Project to the Premises and throughout the Premises. Tenant shall promptly report, in writing, to Landlord any defective or dangerous condition known to Tenant. Tenant shall maintain the Building’s structure or systems which are located in the interior of the Premises. At Landlord’s option, if Tenant fails to maintain the Premises or to make such repairs, Landlord may, but need not, perform such maintenance or make such repairs, in which case Tenant shall pay Landlord the cost thereof, including a proportionate reduction percentage of Rent following the property loss cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and until other costs or expenses arising from Landlord’s involvement upon being billed for same. Landlord may, but shall not be required to, enter the time Premises at all reasonable times to make such repairs and maintenance to the Leased Premises are restored or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by Law, Tenant hereby waives and releases all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided by any law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically and expressly herein set forth. (c) Tenant has had shall, at Tenant’s sole cost and expense, procure and maintain regularly scheduled preventive maintenance/service contracts (copies of which shall be delivered to Landlord upon request), in form and substance approved by Tenant, for: (a) heating, air conditioning and ventilation equipment; (b) boiler, fired or unfired pressure vessels; (c) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection; and (d) elevators, to the extent solely within the Building and solely servicing the Premises. All maintenance/service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a reasonable period, not copy thereof delivered to exceed Landlord) within thirty (30) daysdays following the Lease Commencement Date. The term of any such service contracts shall not extend beyond the Lease Term. (d) If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (10) Business Days from the date on which Landlord makes a written demand on Tenant to complete effect such repair and maintenance, Landlord may (i) enter upon the installation of Tenant’s furniture, fixturesPremises and perform such maintenance and/or make such repairs, and equipment and any other work reasonably necessary upon completion thereof, Tenant agrees to ready the Leased Premises pay to Landlord as Additional Rental, Landlord’s costs for the operation making such repairs plus ten percent (10%) of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property losssuch costs for overhead, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect after receipt from Landlord of a written itemized bill ▇▇▇refor, or (ii) take over Tenant’s repair obligations for the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement remainder of the Term hereof(including any Option Term), and include the cost of same in Operating Expenses. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured Any amounts not reimbursed by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen the aforementioned ten (1510) days after such requirement is made Business Day period will bear interest at the Interest Rate until paid by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermTenant.

Repairs. In From and after the event commencement of a property loss which and during the Term, the Tenant shall, at its own cost and expense: (i) make interior non-structural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be repaired within one hundred eighty put, reasonable wear and use and damage by fire or other casualty only excepted (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; providedit being understood, however, that if the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, repair and condition), (ii) make all other repairs, replacements and renewals which are required due to the negligence or misconduct of the Tenant (except that Tenant's costs to make the repairs shall be reduced by the amount of any insurance proceeds received by Landlord to cover the costs of any such repair or replacement), and restoration are not (iii) keep and maintain all portions of the Premises in fact substantially completed within a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. All repair, replacement and usage costs incurred in connection with the operation of the heating, ventilation and air conditioning exclusively servicing the Premises shall be the responsibility of the Tenant. Tenant shall, at Tenant's expense, maintain service contract(s) for such one hundred eighty (180systems and, on request of Landlord, provide a copy of such contract(s) day periodand evidence of payment therefor. From and after the commencement of and during the Term, subject the Landlord shall make all necessary repairs, replacements and renewals, interior and exterior, structural and non-structural, to: keep the roof of the Building free of leaks and to delays caused maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition, except for maintenance and repairs occasioned by the acts or negligence of the Tenant or its employeesagents excepted unless such acts or negligence are covered by the release provided in Paragraph 8 hereof; keep the Building and all electrical, contractors or agents mechanical, heating, ventilating and delays beyond air conditioning, plumbing and other building systems and the reasonable control of Landlord (the “Restoration Period”)parking areas, then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs sprinklers and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises byProperty in as good condition, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following order and repair as the property loss and until same are at the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term or thereafter may be put, damage by fire or other casualty only excepted. The costs and expenses of Landlord's repairs, replacements and renewals shall be considered Common Expenses under Paragraph 6 hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In (i) Tenant will, at Tenant’s own expense, and subject to Landlord’s compliance with its obligations in subparagraph (iii) below, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises in good order, repair and condition at all times during the date Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the damageLandlord, orand within any reasonable period of time specified by the Landlord. If Tenant does not do so, Landlord may, upon five (5) days’ notice to Tenant or without notice in the alternativecase of emergencies, in but need not, make such repairs and replacements, and Tenant shall pay Landlord the event reasonable cost thereof, forthwith upon being billed for same. (ii) Landlord may, but shall not be required to, enter the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake Premises at all reasonable times to make such repairs repairs, alterations, improvements and additions to reconstitute the Premises or to the Building and or to any equipment located in the Leased Premises Building as Landlord shall desire or deem necessary or as Landlord may be required to as near the condition as existed prior to the property loss as practicabledo by governmental authority or court order or decree; provided, however, that if the repairs Landlord shall make such repairs, alterations, improvements and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration additions with minimal interference with Tenant’s use of the Restoration Period if Premises and Landlord shall leave the repairs and restoration has not been substantially completed portion of the Premises affected by such expirationwork in broom-clean condition upon the completion of such work. To the extent possible, Landlord will cause any unusually disruptive activities to be conducted outside of normal business hours. (iii) Landlord will, at Landlord’s expense, keep the Land, Building and Building systems in good order, repair and condition at all times during the Term, and Landlord shall not be required to promptly and adequately repair all damaged or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office broken fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed upon thirty (30) days’ notice to Landlord or without notice in case of emergencies and without unreasonable interference to the use of the Building and other tenants, Tenant may, but need not make such repairs and replacements, and, in addition to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises remedies Tenant may have hereunder, Landlord shall reimburse Tenant for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossreasonable cost thereof, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease forthwith upon being billed for the expiration of the Termsame.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures and furnishings therein, and the floor or floors (180or portion thereof) days from the date of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost of any repairs or replacements actually made, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements actually made upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damagePremises, orincluding all improvements, fixt▇▇▇▇ ▇nd furnishings therein, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior ▇▇▇▇▇▇al of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or wilful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or wilful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. Except as otherwise provided in Article VII, except as resulting from Tenant’s negligence or misuse (or the negligence or misuse of Tenant’s employees, agents, contractors, licensees or invitees), except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain, at its expense, the structural integrity of the Building, including but not limited to the roof, exterior walls, and windows and skylights. Landlord shall, at Tenant’s expense apportioned pursuant to Section 4.2, also be responsible for (i) all exterior maintenance, repairs and replacements necessary to keep in good condition and working order all Common Areas of the Park, and the trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the Lot or elsewhere in the Park, including but not limited to, all lighting and other fixtures and equipment serving such parking areas, driveways and walkways, and (ii) providing the services and performing the maintenance work set forth in Section 4.2 and Article VII hereof, and (iii) performing necessary repairs to maintain the watertight integrity of the roof, windows and skylights (exclusive of costs associated with replacing all or a portion of the roofing). Landlord shall also maintain, repair and replace, in a timely manner, the HVAC equipment in the Building, such that it shall be in good operation condition throughout the Term and any contemplated extension herein provided, reasonable wear and tear excepted, and in connection therewith, Landlord shall warrant the useful life of any such equipment throughout the Term and shall perform all necessary repairs and replacements to maintain the watertight integrity of the Building, including but not limited to the roof, exterior wall, windows and skylights. Landlord shall, in all instances regardless of the party responsible for payment, make all of such repairs and replacements necessary to maintain the foregoing in good condition and working order and in compliance with all laws and all costs and expenses therefor shall be chargeable to Tenant subject to, and pursuant to, the provisions of Section 4.2 (including electricity for the HVAC units), except that Landlord shall be responsible for the replacement of the roof, structure, and foundation of the Building , all at Landlord’s sole cost and expense (except if the same is necessitated due to Tenant’s negligence or misuse as aforesaid, or in Section 6.1.15 to the contrary). All other repairs and maintenance, except as specifically otherwise provided for herein, shall be the responsibility of Tenant on a proportional basis based on the Tenant’s Share in the Building. In the event that Tenant gives notice to Landlord of a property loss condition which may be repaired within one hundred eighty (180) days from the date of the damageTenant believes requires Landlord’s repairs or a condition which, orif left uncorrected, will necessitate Landlord’s repair, then, in the alternative, in the event the parties do not elect to terminate this Lease under accordance with the terms of this Section 19.1 above5.1.3, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake respond promptly to make investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to reconstitute repair same and to diligently complete said repair. Tenant agrees during the Building and the Leased Premises Term to provide Landlord notice as near the soon as reasonably possible of any condition as existed prior known to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodwhich might require, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. left uncorrected will necessitate Landlord’s obligations repair pursuant to restore shall in no way include any construction originally performed by this Section 5.1.3. Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice require, at reasonable times and with reasonable notice, a representative of termination Landlord to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on inspect the date Premises for repairs which may be the responsibility of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.Landlord;

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damagePremises, orincluding all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the alternativeLease Term, in the event the parties do not elect to terminate this Lease ordinary wear and tear excepted. In addition. Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveMiramar, then this Lease shall continue in full force and effect within any reasonable period of time specified by Miramar, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged. broken, or worn fixtures and appurtenances; provided however, that, at Miramar's option, or if Tenant fails to make such repairs, Miramar may, but Initial Here: Tenant: -------------- Landlord: ------------ need not, make such repairs and replacements, and Tenant shall pay Miramar the reasonable cost thereof, including a percentage of the cost thereof (to reconstitute be uniformly established for the Building and for the Leased Property and which percentage shall be comparable to that charged by landlords of comparable buildings in Malibu, California) sufficient to reimburse Miramar for all overhead. general conditions fees and other costs or expenses arising from landlord's involvement with such repairs and replacements forthwith upon being billed for same. Miramar may, but shall not be required to, enter the Premises at all reasonable times upon reasonable written notice to as near the condition as existed prior Tenant (24 hours conclusively deemed to be reasonable) to make such repairs, alterations, improvements or additions to the property loss premises or to the Property or to any equipment located in the Property as practicableMiramar shall desire or deem necessary or as Miramar may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Miramar's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained nothing in this Article 7 shall limit Tenant's rights under Section 19.4 of this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date Tenant shall take good care of the damagePremises and the fixtures and improvements therein, orincluding, but not limited to, carpet, drywall and fixtures (except for the unexposed pipes, ducts and conduits in and through the alternativePremises), and, at its sole cost and expense, make repairs, restorations or replacements as and when needed to preserve them in good working order and condition. If Tenant fails to make any repairs, restorations or replacements required by this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the event the parties do not elect to terminate expense of Tenant and such expense shall be due as additional rent. Tenant shall comply with all provisions of Sections 12 and 14 of this Lease under the terms of Section 19.1 abovein connection with such repairs, then this Lease shall continue in full force restorations and effect and replacements. (b) Landlord shall forthwith undertake make repairs, restorations and replacements as and when needed to make such repairs to reconstitute those portions of the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration which are not in fact substantially completed within such one hundred eighty (180) day period, subject required to delays caused be maintained by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration other tenants of the Restoration Period if the repairs Building in order to preserve them in good working order and restoration has not been substantially completed by such expirationcondition. Landlord shall not replace all lamps, tubes and ballasts used in the Premises either after notice from Tenant or as a result of any periodic relamping program undertaken by Landlord. Such repairs, restorations and replacements shall be required included within Operating Cost unless the need for such repairs, restorations and replacements resulted from any fault or negligence of Tenant or Tenant’s employees, agents or invitees, in which event the amount paid for such repairs, restorations and replacement shall be immediately due from Tenant to repair Landlord with interest at the Default Rate from the dates of Landlord’s payments. (c) There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or replace injury to, or interruption of business, arising from Landlord, Tenant or others making any damage repairs, restorations, replacements, alterations, additions or loss by improvements in or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to Building or the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied or in or to such indebtednessfixtures, then Landlord shall have the right appurtenances or equipment thereof or as a result of other tenants failing to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termmake repairs.

Repairs. In Landlord, at its sole cost and expense, shall keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date foundations, concrete slab, parking areas, and structural portions of the damage, or, in outer walls of the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building Premises and the Leased Premises to as near the condition as existed prior to the property loss as practicable; providedCommon Areas in good repair and condition, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodincluding replacement when necessary. Landlord, subject to delays caused by Tenant or its employeesreimbursement as an Operating Expense Payment, contractors or agents shall keep the roof and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration roof membrane of the Restoration Period if Premises, parking areas and, the repairs Common Areas in good repair and restoration has not been substantially completed by such expirationcondition, including replacement when necessary. Except as set forth above, Landlord shall not be required to make any other repairs of any kind upon the Premises. Tenant shall, at Tenant’s cost and expense, make all other repairs and replacements to the Premises including the fixtures, equipment (including the heating, ventilation and air conditioning equipment and system exclusively serving the Premises (“HVAC”)), and utility lines (e.g., electrical, gas, plumbing, and sewage facilities/lines) exclusively serving the Premises up to the point of connection to the main line(s), as well as cages for utility boxes. In addition, Tenant shall keep the Premises in a clean, sanitary, and attractive condition. Tenant shall keep in effect an HVAC maintenance agreement, with a contractor approved by Landlord provided however the vendors listed on Exhibit D attached hereto are hereby approved by Landlord, which agreement shall require, at a minimum, quarterly visits during the Term followed by a written HVAC condition report with a copy sent to Landlord. If after notice, Tenant fails to make any repair or replace any damage or loss replacement as required by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, Landlord may, in the event the holder addition to any other rights it may have under this Lease, make such repairs or replacement on Tenant’s behalf at Tenant’s cost. In such event, Tenant shall reimburse Landlord for Landlord’s actual out of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant pocket costs within fifteen (15) 30 days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termdemand therefor plus a [*****] administrative fee.

Repairs. In Landlord shall repair and maintain the event of a property loss which may be repaired within one hundred eighty (180) days from the date structural portions of the damageBuildings, orand the plumbing, heating, ventilating, airconditioning and electrical systems installed or fumished by Landlord and located within or outside the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in Section 10.1, below, in which event ------------ Tenant shall pay to Landlord, as Additional Rent, the alternativereasonable cost of such maintenance and repairs. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof. keep the -------- Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the event the parties do not elect Lease Term, reasonable wear and tear excepted. If either Landlord or Tenant fails in its obligations to terminate this Lease make, or to commence making and diligently pursue, a repair under the terms of Section 19.1 abovethis Lease, then this Lease shall continue after reasonable notice, assumed to be thirty (30) days in full force and effect and Landlord shall forthwith undertake nonemergency situations, the other party may accomplish the repair at the expense of the party failing to make the repair, provided such repairs expense is reasonable, and provided the party charged has had a fair opportunity to reconstitute accomplish the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationrepair. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements and additions to the Premises or replace any damage to the Project or loss by or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and CREEKSIDE PLAZA x TriNet Employer Group, decorationsInc. releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Landlord shall maintain and repair the event exterior of a property loss which may be repaired within one hundred eighty (180) days and the public portions of the Building and all Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, whether structural or non-structural in nature, caused by or resulting from the date carelessness, omission, neglect or improper conduct of the damageTenant, orTenant's servants, in the alternativeemployees, in the event the parties do not elect invitees, or licensees. Tenant shall also repair all damage to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Demised Premises to as near caused by the condition as existed prior moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant original work or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premisesconstruction. If the parties cannot agree within forty-five (45) days of the property lossTenant fails, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within after ten (10) days thereafter refund written notice, to Tenant any sums proceed with due in respect of the reduced rental from the date of the property loss. Landlord’s obligations diligence to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken make repairs required to be made by Tenant, but shall include solely that property constructed the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord prior shall be collectible, as additional rent, after rendition of a bill or statement therefor. If the Demised Premises be or become infes▇▇▇ with vermin, Tenant shall, at its expense, cause the same to commencement be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and following such notice, Landlord shall promptly remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as hereinafter provided, there shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, 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 Term hereof. Notwithstanding anything Building or the Demised Premises or in and to the contrary contained in fixtures, appurtenances or equipment thereof. The provisions of this Lease, Article 4 with respect to the making of repairs shall not apply in the event the holder case of any indebtedness secured by a mortgage fire or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied other casualty with regard to such indebtedness, then Landlord which Article 9 shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termapply.

Repairs. In (a) Lessor shall, at its own cost and expense, maintain in good working order, condition and repair, the event of a property loss which may be repaired within one hundred eighty (180) days from the date roof, structural elements of the damagefloor, ordriveways, parking lot, foundation and exterior walls (not including doors, windows and floors), interior stress bearing walls and columns, landscaping and grounds surrounding the Premises, gutters, downspouts, concealed and underground plumbing, sewage and electrical systems; however, Lessor shall not be obligated to make any repairs of those portions of the Premises that it is obligated to maintain unless it shall be notified in the alternativewriting by Lessee, in the event the parties do not elect to terminate this Lease under the terms and Lessor shall then have a reasonable period of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake time to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicablerepairs; providedprovided further, however, that if Lessee and not Lessor shall be responsible for making any such repairs occasioned by the repairs and restoration are acts of Lessee, its employees (whether or not in fact substantially completed acting within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control scope of Landlord (the “Restoration Period”their employment), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodinvitees, permitted assignees, permitted subtenants, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationlicensees. Landlord shall not be required If Lessor fails to maintain, repair or replace any damage or loss the Premises as required by or from fire or other cause to any panelingsthis paragraph 5, decorationsLessee may, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within upon ten (10) days thereafter refund prior written notice to Tenant Lessor (except no notice shall be required in the case of an emergency) perform such maintenance or repair (including replacement, as needed) on behalf of Lessor. In such case, Lessor shall reimburse Lessee for all reasonable, direct costs incurred in performing such maintenance or repair promptly following receipt of appropriate documentation of such costs. Lessor shall not be liable for any sums due in respect damage or loss occasioned by Lessor's failure to repair portions of the reduced rental Premises which it has covenanted to maintain until after Lessor has received written demand from Lessee to make the repair. Lessor shall, however, indemnify and hold harmless Lessee against any and all costs, claims or liability arising from Lessor's failure to make timely repairs after receiving such written notice from Lessee. (b) Lessee shall, at its own expense and without notice from Lessor, keep and maintain (including replacement, as needed) in good repair the entire Premises, other than those portions for which Lessor shall be responsible as set forth above. Lessee's obligations shall extend to doors, windows, floors, interior (non-stress bearing walls, ceilings, ducts, utilities, air conditioning, heating, lighting, plate glass, plumbing, sprinkler system, and electrical wiring, and also including the loading dock, and the cleaning, and sweeping, removal of snow and ice from walks, stairs and steps, removal of trash and rubbish, etc., of those areas of the Premises under Lessee's control, but this enumeration shall not be treated as a limitation of Lessee's obligations with respect to the care of the Premises. (c) Lessee shall, at its own expense, promptly comply with all lawful orders, regulations, ordinances and statutes of all municipal, county, state and federal authorities affecting the Premises by virtue of Lessee's occupancy or use thereof. (d) Lessee shall, at its own cost and expense, obtain and maintain any and all permits and licenses necessary for its use of and business operations at the Premises. Lessee shall not permit, perform or carry on any practices which may cause injury or damage to the Premises, produce any objectionable or unpleasant smoke, dust gas, fumes, odors, noise or vibrations to emanate from the date of the property loss. Landlord’s obligations Premises, nor take or permit any other actions which would constitute a nuisance or menace to restore shall in no way include any construction originally performed by Tenant neighboring landowners or subsequently undertaken by Tenanttheir tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured as determined by a mortgage court of competent jurisdiction. Without Lessor's prior written consent, which shall not be unreasonably withheld, Lessee shall not receive, store or deed otherwise handle any product, material or merchandise which is explosive. Lessee shall not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of trust covering the Leased Premises, Building and/or Complex requires that any storage) which would render invalid Lessor's insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date Premises or Lessee's liability insurance for its operation on the Premises or cause the State Board of such damage as if Insurance or other insurance regulatory authority to disallow any sprinkler credits. Lessee shall not use the date of such damage were the date originally fixed in this Lease Premises for the expiration of the Termany unlawful purpose.

Repairs. In Landlord shall maintain and repair the event foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, elevator cabs, plazas, art work, sculptures, washrooms, and all common and public areas (the "BUILDING STRUCTURES"), and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of a property loss which may be repaired within one hundred eighty Tenant's improvements or were not originally constructed by or for the benefit of Tenant or another tenant (180) days from the date "BUILDING SYSTEMS"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms of Section 19.1 above, then this Lease shall continue in full force supervision and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior subject to the property loss as practicable; providedprior approval of Landlord, howeverand within any reasonable period of time specified by Landlord, that if promptly and adequately repair all damage to the repairs Premises and restoration are not in fact substantially completed within such one hundred eighty (180) day periodreplace or repair all damaged, subject to delays broken, or worn fixtures and appurtenances, except for damage caused by Tenant ordinary wear and tear or its employees, contractors or agents and delays beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord (the “Restoration Period”)may, then but need not, make such repairs and replacements, and Tenant shall also have pay Landlord the right reasonable cost thereof, including a percentage of the cost thereof (to terminate be uniformly established for the Lease by written notice Building and/or the Project) sufficient to reimburse Landlord within twenty (20) days following the earlier of (a) notice for all overhead, general conditions, fees and other costs or expenses arising from Landlord that the Landlord's involvement with such repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationreplacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and following reasonable notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenantordinance now or hereafter in effect. Such partial destruction shall in no way annul or void Any repair work by Landlord pursuant to the terms of this Lease except that Tenant Article 7 shall be entitled conducted in a commercially reasonable manner so as to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears minimize disruption to the total square footage business of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date interior non-structural portions of the damagePremises, orincluding all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all non-casualty damage to the interior non-structural portions of the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs within fifteen (15) days following written notice thereof from Landlord, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to reconstitute be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to and replacements of the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building (including the Building systems serving the Premises), except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused the terms of Section 10.5 below, if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In The parties acknowledge and agree that Subtenant is subleasing the event Subleased Premises on an “AS IS” basis, and that Sublandlord has made no representations or warranties, express or implied, whatsoever, with respect to the Subleased Premises, including, without limitation, any representation or warranty as to the suitability of a property loss which the Subleased Premises for Subtenant’s intended use. Sublandlord shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises for Subtenant’s use and occupancy thereof, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including the Americans with Disabilities Act of 1990, as may be repaired within one hundred eighty (180) days from the date amended). In addition, Sublandlord shall have no obligation to perform any repairs, or any other obligation of the damage, or, in the alternative, in the event the parties do not elect Master Landlord required to terminate this Lease be performed by Master Landlord under the terms of Section 19.1 abovethe Master Lease. Sublandlord shall, then this Lease however, demand performance of the same in writing from Master Landlord promptly after being requested to do so by Subtenant and shall continue in full force and effect and Landlord shall forthwith undertake use commercially reasonable efforts to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicableobtain Master Landlord’s performance; provided, however, if Master Landlord defaults under the Master Lease or fails to perform any of its obligations under the Master Lease after receipt of written notice from Sublandlord of such failure, Sublandlord will, at Subtenant’s request and at no material cost to Sublandlord, assign Sublandlord’s rights under the Master Lease to Subtenant to the extent necessary to permit Subtenant to institute legal proceedings against the Master Landlord to obtain performance of Master Landlord’s obligations under the Master Lease, provided that if Subtenant shall be responsible for all costs and expenses related to such action, and shall indemnify Sublandlord from any claims arising therefrom. If ▇▇▇▇▇▇▇▇▇▇▇ fails to abide by the repairs and restoration are not provision set forth in fact substantially completed within such one hundred eighty (180) day periodthe previous sentence, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also Subtenant will have the right to terminate take such action and institute legal proceedings in the Lease by written notice to Landlord within twenty (20) days following the earlier name of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixturesSublandlord, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business purpose and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage such extent, all rights and remedies of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration Sublandlord under the rules Master Lease are hereby conferred upon and assigned to Subtenant. Subtenant expressly waives any rights it may have to make repairs at the expense of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermSublandlord.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date Tenant shall take good care of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building Demised Premises and the Leased Premises fixtures, appurtenances and equipment therein (collectively, "Fixtures") and at its sole cost and expense make all repairs thereto as and when needed to as near the condition as existed prior preserve them in good working order and condition. All damage or injury to the property loss as practicable; provided, however, that if the repairs Demised Premises and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays its Fixtures which is caused by or results from (i) moving Tenant's property in or out of the Building, or (ii) the installation or removal of Tenant's furniture, Fixtures or other property, or (iii) the carelessness, omission, neglect, negligence, or improper conduct of Tenant or its employees, contractors contractors, agents, licensees or agents and delays beyond invitees, shall be repaired, restored or replaced promptly by Tenant at its expense to the reasonable control satisfaction of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, TenantLandlord. Such partial destruction shall in no way annul or void this Lease except that Tenant repair, restoration and replacement shall be entitled to a proportionate reduction of Rent following the property loss in quality and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears class equal to the total square footage of the Leased Premisesoriginal work or installation. If the parties cannot agree within forty-five (45) days of the property lossTenant fails to make any such repair, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall restoration or replacement within ten (10) days thereafter refund to Tenant any sums due after notice from Landlord (except in respect an emergency), then the repair, restoration and replacement may be made by Landlord at the expense of Tenant. (b) Neither the exterior walls of the reduced rental from Building nor the date windows and the exterior areas created by the Building set backs are part of the property loss. Landlord’s obligations Demised Premises and Landlord reserves all rights to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenantthose walls, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Leasewindows and setbacks, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have including the right to terminate this Lease enter and store window washing and other supplies and equipment on the setback areas. 13.2 Landlord, as part of Expenses, will perform all necessary repairs and maintenance of all structural elements of the Building, all mechanical systems (including all HVAC and plumbing systems) serving the Demised Premises to the extent that the same are outside of the Demised Premises, all walls and floors outside of the Demised Premises, all common areas of the Building and all parking facilities, necessary to maintain the same in first class condition. Landlord will commence repairs within a reasonable period of time after it is notified of the necessity of such repairs and shall diligently prosecute such repairs to completion. Notwithstanding the above, Landlord shall not be obligated to pay, as part of Expenses, and Tenant shall pay to Landlord the entire cost of all maintenance, service and repairs performed by delivering written notice Landlord with respect to the Building systems that are required to repair damage or injury due to the carelessness, omission, neglect, negligence or improper conduct of termination Tenant, its employees, contractors, agents, licensees or invitees. 13.3 There shall be no allowance to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end for diminution of rental value and no liability on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration part of the TermLandlord by reason of inconvenience, annoyance, interruption or injury to business arising from the making or failing to make by Landlord of any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in or to fixtures, appurtenances or equipment thereof.

Repairs. In Landlord, at its own cost and expense, shall maintain the event of a property loss which may be repaired within one hundred eighty (180) days from the date ------- common areas and common area improvements of the damageProject (and, orto the extent necessary to comply with Environmental Laws, in the alternativeLand), in all utility infrastructure from (i) the event point of connection to the parties do not elect lines of the applicable utility provider to terminate this Lease under (ii) the terms connection point to the Premises (the "Utility Infrastructure"), the foundation, the roof, and the structural soundness of Section 19.1 above, then this Lease shall continue in full force the exterior and effect and Landlord shall forthwith undertake to make such repairs to reconstitute load-bearing walls of the Building in good condition and the Leased Premises to as near the condition as existed prior to the property loss as practicable; repair, reasonable wear and tear excluded, and in accordance with and discharging obligations (other than obligations of Tenant under this Lease) under applicable law, provided, however, that if Tenant acknowledges and agrees that notwithstanding the repairs foregoing, Landlord's costs for common area maintenance and restoration roof maintenance are not among the costs described in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused Paragraph 2C that are paid in part by Tenant as Tenant Costs, and further provided that nothing in this Paragraph 4.A. shall relieve Tenant of any of its repair or maintenance obligations as set forth in this Lease. The term "walls" as used herein shall not include windows, glass or plate glass, any doors, special store fronts or office entries, and the term "foundation" as used herein shall not include loading docks. The term "roof" shall not include any devices or equipment installed or otherwise located on the roof by or for the benefit of Tenant or any other tenant of the Project, and no such device or equipment may be so located without the prior written consent of Landlord, to be given or withheld in its employeesreasonable discretion. Tenant shall immediately give Landlord written notice of defect or need for repairs, contractors after which Landlord shall have reasonable opportunity to effect such repairs or agents cure such defect. If Landlord fails to perform its obligations under this section and delays Landlord does not begin to cure such failure within 30 days after Tenant delivers to Landlord written notice thereof (or within a reasonable period of time after notification in the event of an emergency) and thereafter diligently pursue the cure thereof to completion (even if such cure period extends beyond the reasonable control of Landlord (the “Restoration Period”30 days), then Tenant shall also have the right to terminate the Lease by may, after giving such 30-day written notice to Landlord within twenty thereof (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodor such shorter written notice, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelingsnecessary oral notice, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a as is reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, circumstances in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premisesan emergency) to Landlord, Building and/or Complex requires that any insurance proceeds be applied to such indebtednessperform Landlord's unperformed obligations. If Tenant shall so perform Landlord's obligations, then Landlord shall have reimburse Tenant for the right to terminate this Lease by delivering written notice of termination to Tenant reasonable cost thereof, within fifteen (15) 15 days after Tenant delivers to Landlord a written request therefor, together with such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage supporting documentation as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermLandlord may reasonably request.

Repairs. In Landlord shall be responsible for repairs to the event of a property loss which may be repaired within one hundred eighty (180) days from the date exterior walls, foundation and roof of the damageBuilding, orthe structural portions of the floors of the Building, and the base building systems and equipment of the Building not located in or exclusively serving the alternativePremises, in except to the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make extent that such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior are required due to the property loss as practicablenegligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and restoration are not furnishings therein, in fact substantially completed within such one hundred eighty (180) day periodgood order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to delays the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Tenant ordinary wear and tear or its employees, contractors or agents and delays beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord (the “Restoration Period”)may, then but need not, make such repairs and replacements, and Tenant shall also have pay Landlord the right cost thereof, including a percentage of the cost thereof (not to terminate exceed five percent (5%) of the Lease by written notice costs incurred) sufficient to reimburse Landlord within twenty (20) days following the earlier of (a) notice for all overhead, general conditions, fees and other costs or expenses arising from Landlord that the Landlord's involvement with such repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationreplacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior notice, except in the case of an emergency, in which case no notice shall be required, to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided that in connection with any such repairs, decorationsLandlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, partitionsand access to, additionsthe Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. The Lessor shall have no duty to the Lessee to make any repairs or improvements to the premises except structural repairs necessary for safety and tenantability, repairs necessary to provide water, sewer, electricity and HVAC service to the Laboratory space, and such other repairs as are provided for herein. The Lessee shall not cause or permit any waste, damage, or injury to the premises. The Lessee, at its sole expense, shall keep the premises as now or hereafter constituted with all improvements made thereto in good condition (reasonable wear and tear excepted), and shall make all repairs, replacements, and renewals necessary to maintain the premises. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the premises. In the event of a property loss which may be repaired that the Lessee fails to make any such repairs and replacements within one hundred eighty thirty (18030) days after written demand from the date Lessor specifying the repairs and replacements needed to be done that are the responsibility of the damageLessee, orthe Lessor may, in the alternativebut shall not be required to, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute and replacements for the Building Lessee’s account, and the Leased Premises to expense thereof shall constitute and be collectible as near the condition as existed prior to the property loss as practicableadditional rent; provided, however, that if the Lessee has commenced diligently to effect such repairs and restoration are or replacements but such repairs or replacements can not in fact substantially be completed within such one hundred eighty (180) said thirty-day period, subject the Lessee shall have a reasonable period of time to delays caused by Tenant complete such repairs or its employeesreplacements before the Lessor can make such repairs or replacements on the Lessee’s behalf. The Lessee shall indemnify, contractors or agents defend and delays beyond hold the Lessor harmless against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, and demands, including reasonable control of Landlord (counsel fees, attributable directly to Lessee’s failure to comply with the “Restoration Period”)foregoing, then Tenant shall also have and the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord Lessee shall not be required to repair call upon the Lessor for any disbursement or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall outlay whatsoever in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixturesconnection therewith, and equipment expressly releases and discharges the Lessor of and from any other work reasonably necessary liability therefor. The Lessor shall indemnify, defend and hold the Lessee harmless against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, and demands, including reasonable counsel fees, attributable directly to ready Lessor’s failure to comply with the Leased Premises foregoing, and the Lessor shall not call upon the Lessee for any disbursement or outlay whatsoever in connection therewith, and expressly releases and discharges the operation Lessee of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant from any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termliability therefor.

Repairs. In 7.01 Tenant shall, at its sole cost and expense, be responsible for the event of a property loss which may be repaired within one hundred eighty (180) days from the date maintenance and repair of the damagedemised premises (including, orwith respect to any full floor comprising a portion of the demised premises, in the alternativeall bathrooms and other sanitary facilities located therein, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and provided that Landlord shall forthwith undertake maintain and repair all base Building plumbing and sewage lines to the point of entry of the demised premises, the costs of which shall be reimbursable under Article 3), and keep same in good order and condition, including all necessary painting and decorating, and make such repairs to reconstitute the Building demised premises and the Leased Premises fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as near the condition as existed prior to structural repairs and repairs to the property loss as practicable; providedexterior windows, howeverLandlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all interior glass, including interior windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any interior glass that if may be damaged with glass of the repairs same kind and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject quality. All damage or injury to delays the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its employeessole cost and expense, contractors which repairs, restorations and replacements shall be in quality and class equal to the original work or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then installations. Tenant shall also have promptly make all repairs in or to the right demised premises or the Property for which Tenant is responsible, provided that any repairs required to terminate be made to the Lease mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by written notice Landlord. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within twenty (20) days following Business Days after rendition of a ▇▇▇▇ therefor. 7.02 If the earlier demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.03 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area (ai.e., 100 lbs for areas in which raised flooring is installed and 125 lbs. on slab) notice from which such floor was designed to carry and which is allowed by law. 7.04 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord (acting reasonably) or to any other tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the repairs operation of elevators, air conditioning and restoration heating equipment will take longer than the Restoration Periodcause some vibration, noise, heat or (b) the expiration cold which may be transmitted to other parts of the Restoration Period if the repairs Building and restoration has not been substantially completed by such expirationdemised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. Landlord shall not discriminate against Tenant in the enforcement of the provisions of the first sentence of this Section 7.04. 7.05 Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to repair perform the same on an overtime or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that premium pay basis. 7.06 If Tenant shall be entitled install a supplemental air-conditioning system subject to a proportionate reduction and in accordance with the requirements of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the event the holder of any indebtedness secured by maintenance thereof with a mortgage or deed of trust covering the Leased Premisesheating, Building and/or Complex requires that any insurance proceeds be applied ventilating and air-conditioning contractor reasonably acceptable to such indebtedness, then Landlord and shall have the right deliver to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date Landlord a copy of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termcontracts and all amendments thereto promptly after execution thereof.

Repairs. In 9.01. Tenant shall maintain and keep the event of a property loss which Demised Premises in first-class order and repair and make all such repairs and replacements as may be repaired within one hundred eighty (180) days from necessary in order to maintain the date of the damage, or, Improvements in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the a condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises suitable for the operation and conduct of Tenant’s 's business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenanttherein, but shall include solely that property constructed excluding from Tenant's obligations such repairs and replacements made necessary by Landlord prior to commencement damages caused by fire and the perils covered by the usual policy of extended coverage insurance in effect in the Term hereofarea where the Demised Premises are located. Notwithstanding anything to the contrary contained herein, such obligation of Tenant shall include, without limitation, such current repairs, maintenance and replacements as are required to keep the Demised Premises in first-class order and repair, including, without limitation, the following: sidewalks and blacktopping, heating and air conditioning systems and equipment, lighting and electrical systems and equipment, water, power, and plumbing systems and equipment, roofs, walls, floors, ceilings, and windows, and also shall include, without limitation, periodic painting and general refurbishing so as to maintain the Demised Premises at all times in an attractive, clean and pleasing appearance. Tenant shall assign to Landlord all contractors' guarantees received by Tenant in connection with repairing the Demised Premises. 9.02. If the Demised Premises shall be damaged by fire, explosion, perils insured against by Landlord's standard fire and extended coverage insurance policy, casualty, or other cause or happening or if any lawful authority shall order demolition or removal of any structure covered by this Lease, so as-to render them, in Landlord's reasonable discretion, substantially unfit in their entirety for Tenant's proposed use, then this Lease, at Landlord's option, shall terminate and Tenant's obligation to pay rent shall cease, and any unearned rent paid in advance shall be refunded to Tenant. If the event Demised Premises shall be partially destroyed by fire, explosion, or perils insured against by Landlord's standard fire and extended coverage insurance policy, or if Landlord shall not have exercised the holder above option to terminate, then the Demised Premises shall be restored by Landlord and a just proportion of the basic rent specified shall abat▇ ▇▇▇il they shall have been restored and put in proper condition for Tenant's use and occupancy. 9.03. Tenant at its sole cost and expense shall comply with all laws, rules and regulations of any indebtedness secured applicable governmental authority as related to Tenant's use and occupancy of the Demised Premises, or any part thereof and all orders, rules and regulations of the cognizant board of Fire Underwriters or any other body hereafter exercising similar functions, as related to Tenant's use and occupancy of the Demised Premises, or any part thereof. Tenant shall likewise observe and comply with the requirements of all policy of public liability, fire and other insurance at any time in force with respect to the Demised Premises. 9.04. If a defect in workmanship or materials is discovered by Tenant which is covered by a mortgage contractor's warranty or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied guaranty received by Landlord and Landlord refuses to enforce such indebtednesswarranty or guaranty after written demand made by Tenant, then Landlord shall have the agrees, upon written demand by Tenant, to assign to Tenant all its right to terminate this Lease by delivering written notice of termination enforce such warranty or guaranty to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if extent only that the date of such damage were same relates to the date originally fixed defect in this Lease for the expiration of the Termquestion.

Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the event supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair or commence and diligently proceed to repair within ten (10) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a property loss which percentage of the cost thereof (to be uniformly established for the Building and not to exceed seven percent (7%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for (i) maintaining the Building Common Areas in a manner consistent with the character of the Building as a first-class office building, and (ii) repairs to the exterior windows, walls, floor slabs, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment including without limitation (except as expressly provided to the contrary herein) all mechanical, electrical, plumbing and HVAC of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be repaired required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to provide reasonable notice and to not materially interfere with Tenant’s use of, or access to, the Premises. If Landlord fails to make such repair, Tenant may, after written notice to Landlord and Landlord’s failure to repair or commence to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Landlord shall pay Tenant the cost thereof upon being billed for same. If Landlord’s failure to perform such required repair makes the Premises unfit for the Permitted Use for a period continuing for one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect beyond notice to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”)Landlord, then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering upon written notice of termination to Tenant Landlord within fifteen thirty (1530) days after such requirement is made by thereafter. Tenant hereby waives any such holder, whereupon this Lease shall end on the date and all rights under and benefits of such damage as if the date subsection 1 of such damage were the date originally fixed in this Lease for the expiration Section 1932 and Sections 1941 and 1942 of the TermCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Repairs. In Except for any elements that ▇▇▇▇▇▇▇▇ is responsible to repair and maintain as expressly set forth below, Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damagePremises, orincluding all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at ▇▇▇▇▇▇’s own expense but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to reconstitute be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from ▇▇▇▇▇▇▇▇’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall (at Landlord’s cost and the Leased Premises expense, but subject to as near the condition as existed prior inclusion in Operating Expenses to the property loss as practicableextent permitted by Article 4 above) maintain the structural portions of the Building including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cabs and all Common Areas and shall also maintain and repair the Systems and Equipment up to the point of exclusive service to any tenant premises (including the Premises). Notwithstanding the foregoing, if any of the foregoing repairs are necessitated by the act or omission of Tenant Parties, then the cost of such repairs, together with an administrative fee of five percent (5%) of such costs, shall be paid by Tenant to Landlord immediately following delivery of an invoice therefor; provided, however, that if in the case of repairs covered by Landlord’s insurance, ▇▇▇▇▇▇’s reimbursement obligation, exclusive of the administrative fee, shall not exceed the amount of Landlord’s insurance deductible and restoration are Section 10.5 shall not in fact substantially completed within apply to such one hundred eighty (180) day period, subject to delays caused by reimbursement obligation. Tenant or hereby waives and releases its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to make repairs at Landlord’s expense and/or terminate this Lease or vacate the Lease by written notice to Landlord within twenty (20Premises under Section 1942 and Section 1932(1) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment California Civil Code and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In (a) Tenant, at Tenant’s expense, shall in a good and workmanlike manner keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date interior, non-structural portions of the damagePremises (including, orwithout limitation, all Improvements and Betterments and Tenant’s Property in the alternativePremises) in good condition and, upon the Expiration Date shall surrender the Premises to Landlord in broom clean condition (except as otherwise provided in this Lease), reasonable wear and tear and damage from casualty and/or condemnation excepted. Tenant’s ongoing obligation shall include, without limitation, the obligation to repair all damage (normal wear and tear and casualty and condemnation damage excepted) caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the event Premises or anywhere in the parties Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building Systems, the Building’s structural components or any areas outside the Premises to the extent Tenant’s obligation to perform pursuant to this Section 4.04 shall be performed by Landlord at Tenant’s actual, reasonable, out-of-pocket expense. If Landlord’s access to particular areas of the Premises to perform any repairs as aforesaid is obstructed by the location of any of Tenant’s Property, Landlord may request that Tenant remove or relocate such Tenant’s Property and Tenant shall do so. Tenant shall not elect commit or allow to terminate this Lease under be committed any physical waste or damage to any portion of the terms Premises or the Building. (b) Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building Systems, the exterior of Section 19.1 abovethe Building, then this Lease the Building’s structural components and all areas not leased by other tenants outside the Premises shall continue in full force be the obligation of and effect be performed by Landlord. If Landlord’s access to particular areas of the Premises to perform any repairs as aforesaid is obstructed by the location of any of Tenant’s Property, Landlord may request that Tenant remove or relocate such Tenant’s Property and Landlord shall forthwith undertake restore any damage to make such repairs to reconstitute the Premises and/or Tenant’s Property as a result thereof. (c) Landlord shall repair and maintain, the public portions of the Building, both exterior and interior, including without limitation the structural portions of the Building (e.g. roof, foundation, loading bearing walls) and curtain wall, windows and exterior glass, and the Leased systems of the Building serving the Premises to as near the condition as existed prior up to the property loss as practicable; providedpoint of connection to the Premises, however, except for those repairs for which Tenant is responsible pursuant to any of the other provisions of this Lease. (d) Tenant acknowledges and agrees that if the repairs and restoration are not in fact substantially completed costs incurred by Landlord pursuant to Section 4.04(c) shall be included within such one hundred eighty (180) day period, Operating Expenses subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice specific exclusions from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationOperating Expenses contained in Section 2.03 hereof. Landlord shall not be required use commercially reasonable efforts to repair or replace any damage or loss by or from fire or other cause obtain and enforce warranties which are customarily issued with respect to any panelingsimprovements, decorationsequipment, partitions, additions, railings, ceilings, floor coverings, office fixtures or any and/or other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises items which are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termrepair hereunder.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damageTenant shall, orat Tenant's own expense, in the alternative, in the event the parties do not elect pursuant to terminate this Lease under the terms of Section 19.1 abovethis Lease, then this including Article 8 hereof, keep the Premises, and all improvements, fixtures, equipment and furnishings therein (including the heating, ventilation and air conditioning facilities and equipment), in good order, repair and condition at all times during the Lease shall continue in full force and effect and Term. Tenant hereby acknowledges that Landlord shall forthwith undertake not provide janitorial services to the Premises and that Tenant shall, at its sole cost and expense, cause janitorial services to be supplied to the Premises at all times during the Lease Term in order that the Premises shall be maintained in a clean, neat and orderly condition reasonably satisfactory to Landlord. In addition, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including Article 8 hereof, promptly and adequately repair all damage to the Premises arid replace or repair all damaged or broken fixtures and appurtenances; provided however, that, al Landlord's option, or if Tenant falls to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; providedrepairs, howeverLandlord may, that if the but need not, make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodreplacements, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have pay Landlord the right cost thereof, including a percentage of the cost thereof (to terminate be uniformly established for the Lease by written notice Project) sufficient to reimburse Landlord within twenty (20) days following the earlier of (a) notice for all overhead, general conditions, fees and other costs or expenses arising from Landlord that the Landlord's involvement with such repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationreplacements forthwith upon being billed for same. Landlord may. but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements and additions to the Premises or replace any damage to the Building or loss by or from fire or other cause to any panelingsequipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the Leased Premises byCalifornia Civil Code, or belonging tounder any similar law, Tenant. Such partial destruction shall statute, or ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises is located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at T▇▇▇▇▇’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and T▇▇▇▇▇’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but in no event in excess of the percentage set forth in Section 8.3 below) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, Tenant. Such partial destruction the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall in no way annul or void this Lease except that Tenant shall be entitled use commercially reasonable efforts to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of materially interfere with Tenant’s furnitureuse of, fixturesor access to, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage7.1 Tenant shall, orat its sole cost and expense, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or other casualty. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays equipment caused by Tenant moving property in or its employeesout of Building or by installation or removal of furniture, contractors fixtures or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss other property by or from fire or other cause to any panelingson behalf of Tenant, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss repaired, restored or replaced promptly by Tenant at its sole cost and until the time the Leased Premises are restored expense, which repairs, restorations and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction replacements shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears in quality and class equal to the total square footage of the Leased Premisesoriginal work or installations. If the parties cannot agree within forty-five (45) days of the property lossTenant fails to make such repairs, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputerestoration or replacements, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to after Landlord gives Tenant any sums due in respect written notice of the reduced rental from necessity thereof, 26 the date same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a bill ▇▇▇refor. The exterior walls of the property loss. Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord’s obligations 's architects, in their sole reasonable discretion, find that the work necessary to restore increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in no way include the making of any construction originally performed by Tenant repairs, alterations, additions or subsequently undertaken by improvements so as to minimize any interference with Tenant's business operations, but shall include solely that property constructed by not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord prior to commencement of the Term hereof. Notwithstanding anything shall, at its expense (subject to the contrary contained provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Common Areas and the Building in good condition and repair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except for those repairs for which Tenant is responsible pursuant to the provisions of this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired Premises, including all improvements, fixtures, furnishings, and systems and equipment within one hundred eighty (180) days from the date of Premises or elsewhere exclusively serving the damage, orPremises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to reconstitute the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and the Leased Premises to as near the condition as existed prior Common Areas (to the property loss as practicableextent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have only be obligated to pay any deductible in connection therewith. Subject to the right to terminate the Lease by written notice to terms of Article 27, below, Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodmay, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord 176640186.8 373606-000050 shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi- governmental authority or court order or decree. Landlord shall comply with all reasonable and nondiscriminatory requirements of Tenant when accessing the Premises provided such requirements are intended, decorationsin good faith, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on for the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction purpose of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of protecting Tenant’s furniturework, fixtures, and equipment proprietary information and any other work reasonably necessary sensitive matter pertaining to ready the Leased Premises for the operation of Tenant’s business Permitted Use. Tenant hereby waives and releases its right to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage make repairs at Landlord’s expense under Section 1941 and 1942 of the damaged portion California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. LandlordBuilding’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termnetwork cabling.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including Landlord’s standard administrative charge in connection with Landlord’s involvement with such repairs and replacements, forthwith upon being billed for same. All repairs performed by Tenant hereunder shall be made in conformance with Landlord’s standard construction rules and regulations. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Building and the Leased Premises to as near the condition as existed prior Systems, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times and with one day’s advance notice except in an emergency to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on equipment located in the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Project as Landlord shall within ten (10) days thereafter refund desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by law, Tenant hereby waives and releases any sums due and all rights it may have at law or in respect equity to make repairs at the expense of Landlord or in lieu thereof to vacate the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds Premises as may be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made provided by any such holderlaw, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed statute or ordinance now or hereafter in this Lease for the expiration of the Term.effect. The “

Repairs. In Except for ordinary wear and as otherwise provided in this Lease, Tenant shall or shall cause Landlord to as hereinafter provided, at all times during the event Term hereof, at Tenant's sole cost and expense, keep the Premises in good order, repair and condition as existed beginning on the Commencement Date. Tenant shall promptly arrange with Landlord to have Landlord make repairs of a property loss all damage to the Premises (other than damage to movable and removable fixtures, the repair of which may be repaired within one hundred eighty done by Tenant) and the replacement or repair of all damaged or broken glass (180) days from the date of the damageincluding signs thereon), orfixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the alternativePremises), with materials equal in quality and class to the event original materials damaged or broken, within any reasonable period of time specified by Landlord, and the parties do not elect to terminate amount paid by Landlord for such repairs and replacements shall be paid by Tenant and deemed additional Rent reserved under this Lease under and shall be due and payable at the terms same time as the installment of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationRent for which it is billed. Landlord may, but shall not be required to repair enter the Premises at all reasonable times to make any repairs, alterations, improvements or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railingsincluding, ceilingsbut not limited to, floor coveringsducts and all other facilities for heating and air conditioning service, office fixtures as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by the municipality in which the Building is located or by the order or decree of any court or by any other property or improvements installed on the Leased Premises by, or belonging to, Tenantproper authority. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction The cost of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears all repairs made by Landlord to the total square footage Property which are made necessary as a result of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed misuse or neglect by Tenant or subsequently undertaken Tenant's employees, invitees or agents shall be immediately paid as additional Rent by TenantTenant to Landlord upon being billed for same. Tenant shall not be responsible for repairs of or due to structural defect or repairs to air conditioning, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Leaseventilation, mechanical and plumbing equipment in the event the holder of any indebtedness secured Premises (except if necessitated by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termnegligence.)

Repairs. In (a) ▇▇▇▇▇▇▇▇ agrees, at ▇▇▇▇▇▇▇▇’s own cost and expense, to maintain the event building in good and first-class order, condition and state of a property loss which may be repaired within one hundred eighty repair, and to make the following repairs relating to the premises: (180i) days from the date all structural repairs; (ii) all repairs to and replacements of the damageroof and under flooring; (iii) all repairs and maintenance to the exterior of the premises and the building, orincluding sidewalks adjoining same; (iv) all repairs and replacements to common area, utilities systems and sewer lines; (v) all repairs to any fire sprinkling main and system servicing the premises; (vi) all repairs to the interior of the premises if the need therefor arose as a result of Landlord’s act or failure to act. (vii) abatement of any asbestos. The Landlord shall not be responsible or liable to the Tenant for any loss or damage resulting to the Tenant’s property or to the Tenant from bursting, stoppage or leaking of water, gas, sewer, sprinkler or steam pipes. Nor shall the Landlord be responsible for any repairs made necessary by the acts of the Tenant, its employees or invitees. (b) Except as provided above, Tenant shall take good care of the premises, shall do the work required to maintain the premises, the storefront and the fixtures and equipment therein, including the plumbing and electrical systems located in and serving the premises, in the alternative, in the event the parties do not elect good working order. Tenant agrees to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays repair all damages caused by Tenant or its employees, contractors invitees. ▇▇▇▇▇▇ further agrees to pay for and change all air filters monthly on any forced air HVAC System located in and servicing the premises. (c) If Landlord fails to make any of the repairs or agents and delays beyond to timely perform any of the reasonable control other obligations required of Landlord under this lease within thirty (30) days after written notice from Tenant of the “Restoration Period”)necessity therefore, then Tenant Tenant, in addition to any other rights or remedies available to it hereunder, at law or in equity, shall also have the right right, but not the obligation, after notice and consultation with Landlord to terminate make said repairs or to perform such obligations on behalf of Landlord and to deduct the Lease by written notice entire cost thereof from rent due or to Landlord within twenty (20) days following become due hereunder. If, in an emergency in Tenant’s opinion, any such repairs are immediately necessary for the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodproper use, enjoyment or (b) the expiration preservation of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelingspremises, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed prior thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction ’ notice shall be based required but Tenant shall give Landlord whatever notice is reasonable in the circumstances and may forthwith make said repairs on behalf of Landlord and deduct the ratio that entire cost thereof from rent due or to become due hereunder. (d) At the square footage end, expiration or other termination of the damaged portion of term hereby granted, ▇▇▇▇▇▇ shall deliver up the Leased Premises bears premises in good order and condition, reasonable wear and tear and damage by casualty, fire, condemnation, the elements or Landlord excepted. Tenant shall repair any damages to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant Premises or subsequently undertaken Building caused by Tenant, but its employees, agents or invitees. (e) In order to secure Tenant’s obligations under the terms of this Agreement, Tenant shall include solely that property constructed upon the execution of this lease, deposit with Landlord the sum of Three Thousand Thirty Dollars ($3,030.00) as security deposit. Upon termination of this lease the Landlord shall return such deposit to the Tenant less (1) any amounts expended to repair or clean the premises, (2) any unpaid rentals or late payment fees then due, and (3) the cost of performing any obligations imposed upon Tenant by Landlord prior to commencement this lease. The existence of this security deposit shall not excuse the payment of any monthly rental amount and, in particular, shall not excuse the payment of the Term hereof. Notwithstanding anything to the contrary contained in last month’s rent due under this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termlease agreement.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord shall forthwith undertake have the exclusive right, at Landlord’s option, but not the obligation, to make such repairs and replacements, and Tenant shall pay to reconstitute Landlord the Building cost thereof, including Landlord’s standard fee for its involvement with such repairs and replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Landlord shall at all times during the event of a property loss which may be repaired within one hundred eighty (180) days from Lease Term maintain in good condition and operating order the date structural portions of the damageBuilding, orincluding, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the "Building Structure"), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the "Building Systems"). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant's use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the alternativeLease Term; provided that if Landlord fails to deliver possession of the Phase 1 Premises to Tenant on the Lease Commencement Date, in Tenant shall have no repair or maintenance obligations with respect to the event the parties do not elect to terminate this Lease Phase 1 Premises until such delivery occurs. In addition, Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within ten (10) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to reconstitute be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for keeping in good condition the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times, following reasonable advance notice, to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant. Such partial destruction shall in no way annul 's use of, or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following access to, the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Landlord shall be responsible for repairs to the event of a property loss which may be repaired within one hundred eighty (180) days from the date exterior walls, foundation and roof of the damageBuilding, orthe structural portions of the floors of the Building, in and the alternativesystems and equipment of the Building, in except to the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make extent that such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior are required due to the property loss as practicablenegligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and restoration furnishings therein, and the floor or floors of the Building on which the Premises are not located, in fact substantially completed within such one hundred eighty (180) day periodgood order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to delays the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Tenant ordinary wear and tear or its employees, contractors or agents and delays beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord (the “Restoration Period”)may, then but need not, make such repairs and replacements, and Tenant shall also have pay Landlord the right cost thereof, including a percentage of the cost thereof (to terminate be uniformly established for the Lease by written notice Building and/or the Project) sufficient to reimburse Landlord within twenty (20) days following the earlier of (a) notice for all overhead, general conditions, fees and other costs or expenses arising from Landlord that the Landlord's involvement with such repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationreplacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging to, Tenant. Such partial destruction shall ordinance now or hereafter in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.

Repairs. In Throughout the event term of this lease, Landlord, at Landlord's expense, shall be responsible to make all repairs and replacements to the structure (including foundation, utility lines and equipment and exterior walls) and roof (including decking and coverings) and shall be responsible to maintain the exterior of the building in which the leased premises is located, including landscaped and parking areas and entrance way and adjacent steps, in good condition and repair, subject to reimbursement by Tenant as provided in Section 10 hereof. During the first twelve (12) months after the Commencement Date, Landlord, at Landlord's expense, shall be responsible to make all repairs and replacements to the HVAC system, without reimbursement by Tenant as provided in Section 10 hereof. Tenant agrees, throughout the term of this lease, to take good care of the leased premises and fixtures and the appurtenances therein and shall make, at its own expense, repairs and replacements required to keep the leased premises, HVAC systems servicing the leased premises exclusively (subject to Landlord's obligation during the first twelve (12) months of the term hereof), fixtures, plumbing and electrical systems and related fixtures and equipment in good working order and condition, and Tenant will be responsible for all glass breakage and damage due to sprinkler leakage. Landlord at Landlord's expense, will maintain the lawn and all landscaping in good condition and will remove all snow and ice from all parking areas, driveways, steps, walkways and sidewalks, including sidewalks and driveways adjacent to the leased premises and all of the common areas. Landlord shall assign to Tenant all warranties and guarantees relating to the leased premises. Tenant shall maintain, at Tenant's expense, from and after the Commencement Date, an annual maintenance contract for the HVAC system with a property loss which may be repaired within one hundred eighty (180) days from reputable contractor reasonably satisfactory to Landlord, and Tenant will furnish Landlord, prior to the commencement date of the damagecontract or prior to its annual renewal date, ora copy of the maintenance contract and evidence of payment of the annual charge. However, Tenant will have no obligation to repair, replace, service or maintain those HVAC units which are intended to service the leased premises exclusively but which units Tenant elects not to use. Tenant shall maintain, at its own expense, all light bulbs, fluorescent tubes and lighting fixtures in the alternativeleased premises, including all component parts such as starters, ballasts, and lenses or grills. All repairs made by Tenant shall be at least equal in quality to the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease original work. Tenant shall continue in full force and effect and Landlord shall forthwith undertake to make such alterations, additions or improvements as may be permitted pursuant to Section 18 of this lease and all repairs to reconstitute the Building only between such hours and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within by such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”)mechanics as may be approved in writing by Landlord, then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord which approval shall not be required to repair unreasonably withheld or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termdelayed.

Repairs. In Owner shall keep in good repair and condition the event exterior of a property loss which may be repaired within one hundred eighty (180) days from and the date public portions of the damagebuilding and property on which it is located including, orwithout limitation, roofs and exterior windows (except those forming part of the ▇▇▇▇ ▇▇▇▇▇▇ elevator lobby), all structural elements, and all building plumbing, heating and life safety systems, and shall keep all sidewalks free of snow and ice. Owner’s obligations hereunder and under Article 31 shall be provided in a manner consistent with comparable office buildings in the alternativearea. Tenant shall, in throughout the event term of this lease, take good care of the parties do not elect to terminate this Lease under demised premises including the terms bathrooms and lavatory facilities (if the demised premises encompass the entire floor of Section 19.1 abovethe building), then this Lease shall continue in full force the interior windows and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building window frames and the Leased Premises to as near exterior windows forming a part of the condition as existed prior ▇▇▇▇ ▇▇▇▇▇▇ elevator lobby, and the fixtures and appurtenances therein, and at Tenant’s sole cost and expense promptly make all repairs thereto and to the property loss as practicable; providedbuilding, howeverwhether structural or non-structural in nature, that if caused by, or resulting from, the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodcarelessness, subject to delays caused by Tenant omission, neglect or its improper conduct of Tenant, Tenant’s servants, employees, contractors invitees, or agents licensees, and delays beyond the reasonable control whether or not arising from Tenant’s conduct or omission, when required by other provisions of Landlord (the “Restoration Period”)this lease, then including article 6. Tenant shall also have repair all damage to the right to terminate building and the Lease demised premises caused by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation moving of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready furniture or equipment. All the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction aforesaid repairs shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears quality or class equal to the total square footage of the Leased Premisesoriginal work or construction. If the parties cannot agree within forty-five (45) days of the property lossTenant fails, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within after fifteen (15) days after such requirement is notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a ▇▇▇▇ or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such holdernotice, whereupon Owner shall remedy the condition with due diligence, but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this Lease lease, there shall end be no allowance to Tenant for a diminution of rental value and no liability on the date part of such damage as if the date Owner by reason of such damage were the date originally fixed inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs alterations, additions or improvements in this Lease for the expiration or to any portion of the Term.building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease except as otherwise provided herein. Tenant agrees, subject to the foregoing sentence, that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 hereof shall apply. Window Cleaning:

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date floor or floors of the damage, orBuilding on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near base building systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging toordinance now or hereafter in effect. 621575.04/WLA ▇▇▇▇▇-▇▇▇/▇▇-▇-▇▇/▇▇/▇▇ -▇▇- ▇▇▇▇ ▇▇▇▇▇▇▇ PLAZA [BrightSource Energy, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.Inc.]

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired Premises, including all improvements, fixtures, furnishings, and systems and equipment within one hundred eighty (180) days from the date of Premises or elsewhere exclusively serving the damage, orPremises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to reconstitute the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and the Leased Premises to as near the condition as existed prior Common Areas (to the property loss as practicableextent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have only be obligated to pay any deductible in connection therewith. Subject to the right to terminate the Lease by written notice to terms of Article 27 below, Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodmay, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on equipment located in the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Project as Landlord shall within ten (10) days thereafter refund reasonably desire or deem necessary or as Landlord may be required to Tenant any sums due in respect of the reduced rental from the date of the property lossdo by governmental or quasi- governmental authority or court order or decree. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.comply with all reasonable and nondiscriminatory

Repairs. In Subject to the event express terms and conditions of a property loss which may be repaired within one hundred eighty Articles 11 and 13 and Landlord’s maintenance obligations, as specified in the Lease, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers, and all other non-standard mechanical systems or equipment in the date Premises), and the non-structural portions of the damage, orfloor or floors of the Building within the Premises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in Tenant shall, at Tenant’s own expense, and subject to the event prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the parties do Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, casualty damage which is not elect required to terminate this Lease be restored by Tenant under Article 11, or damage caused by condemnation or otherwise beyond the terms reasonable control of Section 19.1 aboveTenant; provided however, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, together with an administrative fee equal to reconstitute ten percent (10%) of the Building cost thereof, within ten (10) business days after being billed for same, which ▇▇▇▇ shall be accompanied by reasonable back-up information to substantiate such costs. Notwithstanding the foregoing, Landlord shall be responsible for repairs and replacements to the exterior walls, foundation, HVAC systems and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near the condition as existed prior Base Building systems and equipment, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant, except casualty damage which is not required to be restored by Tenant under Article 11, or damage caused by condemnation; provided, however, subject to the express terms and conditions of Article 11, that if such repairs are due to the negligence or willful misconduct of Tenant, or excessive, overloading, negligent or improper use of any Building system, facility or equipment by Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also only be obligated to pay any deductible in connection therewith. Subject to compliance with any commercially reasonable requirements of HIPAA as set forth in Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times, accompanied by an HDI employee if one is provided, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it may have at law or in equity to make repairs at the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier expense of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration PeriodLandlord, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationexcept as otherwise expressly set forth in Section 29.37. Landlord shall not be liable to Tenant for failure to make repairs as herein required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and unless Tenant has had previously notified Landlord of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period, not to exceed thirty (30) days, to complete the installation period following receipt of Tenant’s furniturenotification. Notwithstanding the foregoing, fixturesduring the Latent Defect Period, Landlord, at its cost and not as part of the Operating Expenses, shall promptly repair, restore or replace all latent defects in the Building upon the terms and conditions set forth in Section 1.1.1. If any mold or mold-causing condition is caused within the Premises due to the negligence, willful misconduct or breach of this Lease on the part Tenant or any of its agents, employees or contractors, and equipment and any other work reasonably necessary Tenant fails to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental remediate such condition promptly upon notice from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen remediate the same at Tenant’s cost, together with a ten percent (1510%) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage administration fee as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termset forth above.

Repairs. In 9.1 The Tenant covenants with the event of a property loss which may be repaired within one hundred eighty (180) days from Landlord that the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have at all times during the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of Term at its own cost and expense: (a) notice from Landlord that repair, maintain and keep the repairs Demised Premises in good order and restoration will take longer than the Restoration Periodrepair, or as a careful owner would do, reasonable wear and tear excepted; and (b) repair, maintain and keep all equipment and fixtures in the expiration Demised Premises in good order and repair and replace the same when necessary, as a careful owner would do, including, without limitations, the floor, windows, plate glass, glass partitions within the Demised Premises, and any improvements now or hereafter made to the Demised Premises, reasonable wear and tear and repairs for which the Landlord is responsible only excepted; provided however that if such repairs by the Landlord are required as a result of the Restoration Period if act or omission of the Tenant, its servants, agents or employees, the Tenant shall pay to the Landlord, on demand, the costs of such repairs as Additional Rental and the Tenant covenants to perform such maintenance, to effect such repairs and restoration has replacements and to decorate at its own cost and expense as and when necessary or reasonably required so to do by the Landlord. 9.2 The Tenant shall, when necessary and, whether upon receipt of notice from the Landlord or not, effect and pay for such maintenance, repairs, replacements or decoration as may be the responsibility of the Tenant under the foregoing paragraph provided that no maintenance, repairs or replacements to the structure, any perimeter wall, the store front, the sprinkler system, the heating, ventilating, air-conditioning, plumbing, electrical or mechanical equipment or the concrete floor shall be made without the prior written consent of the Landlord, and in so doing shall use contractors or other workmen designated or approved by the Landlord in writing, such approval not been substantially completed by such expiration. to be reasonably withheld or delayed. 9.3 The Landlord covenants with the Tenant that the Landlord shall not be required to at all times during the Term at the Tenant's cost and expense repair or and replace any damage or loss by or from fire or other cause to any panelingsas a careful owner would do the heating, decorationsventilating, partitionsair-conditioning, additionsplumbing, railingssprinkler, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss mechanical and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and electrical equipment and any other work reasonably necessary to ready fixtures (including all the Leased Premises for parts, wiring and pipes thereof) within the operation of Tenant’s business and to move into the Leased Demised Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In 9.1 own cost and expense: The Tenant covenants with the event of a property loss which may be repaired within one hundred eighty (180) days from Landlord that the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have at all times during the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of Term at its (a) notice from Landlord that repair, maintain and keep the repairs Demised Premises in good order and restoration will take longer than the Restoration Periodrepair, or as a careful owner would do, reasonable wear and tear excepted; and (b) repair, maintain and keep all equipment and fixtures in the expiration Demised Premises in good order and repair and replace the same when necessary, as a careful owner would do, including, without limitations, the floor, windows, plate glass, glass partitions within the Demised Premises, and any improvements now or hereafter made to the Demised Premises, reasonable wear and tear and repairs for which the Landlord is responsible only excepted; provided however that if such repairs by the Landlord are required as a result of the Restoration Period if act or omission of the Tenant, its servants, agents or employees, the Tenant shall pay to the Landlord, on demand, the costs of such repairs as Additional Rental and the Tenant covenants to perform such maintenance, to effect such repairs and restoration has replacements and to decorate at its own cost and expense as and when necessary or reasonably required so to do by the Landlord. 9.2 The Tenant shall, when necessary and, whether upon receipt of notice from the Landlord or not, effect and pay for such maintenance, repairs, replacements or decoration as may be the responsibility of the Tenant under the foregoing paragraph provided that no maintenance, repairs or replacements to the structure, any perimeter wall, the store front, the sprinkler system, the heating, ventilating, air-conditioning, plumbing, electrical or mechanical equipment or the concrete floor shall be made without the prior written consent of the Landlord, and in so doing shall use contractors or other workmeii designated or approved by the Landlord in writing, such approval not been substantially completed by such expiration. to be reasonably withheld or delayed. 9.3 The Landlord covenants with the Tenant that the Landlord shall not be required to at all times during the Term at the Tenant's cost and expense repair or and replace any damage or loss by or from fire or other cause to any panelingsas a careful owner would do the heating, decorationsventilating, partitionsair-conditioning, additionsplumbing, railingssprinkler, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss mechanical and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and electrical equipment and any other work reasonably necessary to ready fixtures (including all the Leased Premises for parts, wiring and pipes thereof) within the operation of Tenant’s business and to move into the Leased Demised Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In FLOOR LOAD ------------------ Section 4.1. Landlord shall operate, maintain and make all necessary ------------ repairs (both structural and nonstructural) to the event part of a property loss Building Systems which may be repaired provide service to the Premises (but not to the distribution portions of such Building Systems located within one hundred eighty (180the Premises with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems) days and the public portions of the Building, both exterior and interior, in conformance with standards applicable to non-institutional first class office buildings in Manhattan. Tenant, at Tenant's sole cost and expense, shall take good care of the Premises and the fixtures, equipment and appurtenances therein and the distribution systems with respect to which Tenant shall have performed an Alteration or repair which shall have affected such Building Systems and shall make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 10 hereof and damage caused by Landlord, Landlord's agents, employees or contractors. Landlord shall repair, at Landlord's sole cost and expense, all damage to the Premises caused by or resulting from the date negligence of Landlord or Landlord's agents, employees or contractors. Notwithstanding the damageforegoing, orbut subject to Section 10.5 hereof, in all damage or injury to the alternative, in the event the parties do not elect Premises or to terminate this Lease under the terms any other part of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises Building Systems, or to as near the condition as existed prior its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from omission (where this Lease or applicable law imposes a duty to act), negligence or improper conduct of, or Alterations made by, Tenant, Tenant's agents, employees, invitees or licensees, shall be repaired at Tenant's sole cost and expense, by Tenant to the property loss reasonable satisfaction of Landlord (if the required repairs are nonstructural in nature and do not affect any Building System), or by Landlord (if the required repairs are structural in nature or affect any Building System). All of the aforesaid repairs shall be of first quality and of a class consistent with non-institutional first class office building work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days' notice (or such shorter period as practicableLandlord may be permitted pursuant to any Superior Lease or Mortgage or such shorter period as may be required due to an emergency) to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be forthwith paid to Landlord as additional rent after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises, or in any Building System, located in, servicing or passing through the Premises. Section 4.2. Tenant shall not place a load upon any floor of the Premises ------------ exceeding sixty (60) pounds per square foot "live load". Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord's prior consent, which consent shall not be unreasonably withheld, and shall make payment to Landlord of Landlord's costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a Master Rigger's license to do said work. All work in connection therewith shall comply with all Requirements and the Rules and Regulations, and shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, 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 Premises, or in or to fixtures, appurtenances or equipment thereof. Section 4.3. Landlord shall use its reasonable efforts to minimize ------------ interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodLandlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense but subject to delays caused by Tenant or its employeesrecoupment pursuant to Article 27 hereof, shall employ contractors or agents and delays beyond labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the reasonable control Premises, (ii) threatens the health or safety of Landlord (any occupant of the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration PeriodPremises, or (biii) except in the expiration case of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from a fire or other cause casualty, materially interferes with Tenant's ability to any panelingsconduct its business in the Premises. In all other cases, decorationsat Tenant's request, partitions, additions, railings, ceilings, floor coverings, office fixtures Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other property overtime costs or improvements installed on the Leased Premises byexpenses in making any repairs, alterations, additions or belonging toimprovements, Tenant. Such partial destruction shall in no way annul or void this Lease except that and Tenant shall be entitled pay to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable periodLandlord, not to exceed thirty (30) daysas additional rent, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund Business Days after demand, an amount equal to Tenant the difference between the overtime or other premium pay rates and the regular pay rates for such labor and any sums due in respect other overtime costs or expenses so incurred. Section 4.4. Both the design and decoration of the reduced rental from the date elevator areas of each ------------ entire floor of the property loss. Premises and the public corridors of any floor of the Premises occupied by more than one (1) occupant (as a result of a subletting or occupancy arrangement, if any, in accordance with Article 12 hereof) shall be subject to Landlord’s obligations to restore 's approval, which approval shall in no way include any construction originally performed not be unreasonably withheld, conditioned or delayed and such elevator areas and public corridors shall be maintained and kept clean by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereofLandlord's reasonable satisfaction. Notwithstanding anything to the contrary Nothing contained in this Leasethe foregoing sentence, however, shall vitiate Landlord's obligation to clean the Premises as provided in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermSection 28.4 hereof.

Repairs. In Sublessee, at its sole expense, shall keep the event Leased Premises and as hereafter constituted with all improvements thereto, clean and in good condition, reasonable wear and tear excepted, and shall make all repairs and replacements, foreseen and unforeseen, and ordinary and extraordinary changes, repairs, and replacements of a property loss every kind and nature, including all structural repairs, which may be repaired within one hundred eighty (180) days from the date of the damage, or, required to be made upon or in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and connection with the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bypart thereof, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into maintain the Leased Premises. Such reduction All repairs, and replacements shall be based on the ratio at least equal in quality of material and workmanship to that the square footage of the damaged portion of originally existing in the Leased Premises bears to the total square footage of the Leased Premisesor improvements thereon. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore The Sublessor shall in no way include event be required to make any construction originally performed by Tenant repair, alteration or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything improvement to the contrary contained Leased Premises or improvements thereon. Any equipment and materials replaced by Sublessee shall belong to Sublessee and all proceeds from salvage during demolition shall be retained by or disposed of by Sublessee. The Sublessee shall indemnify and defend the Sublessor against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims and demands, including reasonable attorneys’ fees, because of Sublessee’s failure to comply with the foregoing, including the failure to conduct demolition in this Leasea safe and lawful manner. Sublessee shall, in at its own expense, keep free and clear from dirt, snow, ice, rubbish and other obstructions and encumbrances, the event the holder of any indebtedness secured by a mortgage or deed of trust covering sidewalks, parking areas, and curbs located on the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termany.

Repairs. In (a) Landlord shall make all repairs necessary to maintain the event roof, load bearing walls (other than paint and wall coverings on the interior surface of a property loss which may be repaired within one hundred eighty such walls) floors (180other than carpeting, tile and similar floor coverings) days from the date and foundations of the damageBuilding, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms and plumbing and electrical fixtures and equipment serving portions of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and in addition to the Leased Premises Space; In no event shall Landlord be obligated to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays repair any damage caused by any act, omission or negligence of the Tenant or its employees, contractors agents, invitees, licensees, subtenants or agents and delays beyond the contractors. If Landlord fails to effectuate such repairs within a reasonable control of Landlord (the “Restoration Period”)time, then Tenant shall also have the right to terminate the Lease by provide Landlord with written notice and reasonable opportunity to cure the same, and if it is not so cured, Tenant may effectuate such repairs, in which case Tenant may deduct the cost and expense of performing such repairs from the next installments of Minimum Annual Rent due. (b) Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment located within twenty (20) days following the earlier of Leased Space not expressly to be by maintained by Landlord pursuant to subsection (a) and shall keep the Leased Space and the in neat and orderly condition normal wear and tear excepted. Without limiting the generality of the foregoing, Tenant at its expense is specifically to make promptly all (i) to that portion of any pipes, lines, ducts, wires or conduits contained within the Space; (ii) to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass; (iii) to Tenant's sip; (iv) to any heating or air conditioning equipment installed in or servicing the Leased Space; and (v) to the Space or to any part of the Center when such repairs are necessitated by any act or omission (negligent or otherwise) of Tenant or Tenant's agents or employees, or by failure of Tenant to perform any of its obligations under Lease. Tenant at its own expense shall enter into a maintenance contract with a reputable heating and air conditioning service company acceptable to Landlord, for the entire Term, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, or fails to enter into the aforementioned maintenance contract, after written notice from Landlord that of the need therefor, Landlord, may make such repairs or enter into such maintenance contract at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and restoration will take longer than the Restoration Periodany labor performed or materials furnished in, on or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on about the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant Space shall be entitled to a proportionate reduction performed and held by Tenant in strict compliance with all applicable laws, regulations, ordinances and requirements of Rent following all duly constituted authorities or governmental bodies having jurisdiction over the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixturesBuilding, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder requirements of any indebtedness secured by a mortgage or deed board of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then underwriters having jurisdiction thereof. Landlord shall have the right to terminate this Lease by delivering written notice approve any and all contractors and suppliers to furnish materials and labor for such repairs. Landlord shall not unreasonably withhold its consent to Tenant's providing, in lieu of termination to Tenant within fifteen (15) days after such requirement a maintenance contract as required above, a full time, qualified employee on site who is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease responsible for the expiration maintenance of the Termheating, ventilation and air conditioning system. (c) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord's interference with Tenant's use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, the Building or Center or to any appurtenances or equipment therein.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180a) days from the date Tenant shall take good care of the damagePremises and the fixtures and improvements therein, orincluding, but not limited to, carpet, drywall and fixtures (except for the unexposed pipes, ducts and conduits in and through the alternativePremises), and, at its sole cost and expense, make repairs, restorations or replacements as and when needed to preserve them in good working order and condition. If Tenant fails to make any repairs, restorations or replacements required by this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the event the parties do not elect to terminate expense of Tenant and such expense shall be due as additional rent. Tenant shall comply with all provisions of Sections 12 and 14 of this Lease under the terms of Section 19.1 abovein connection with such repairs, then this Lease shall continue in full force restorations and effect and replacements. (b) Landlord shall forthwith undertake make repairs, restorations and replacements as and when needed to make such repairs to reconstitute those portions of the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration which are not in fact substantially completed within such one hundred eighty (180) day period, subject required to delays caused be maintained by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration other tenants of the Restoration Period if the repairs Building in order to preserve them in good working order and restoration has not been substantially completed by such expirationcondition. Landlord shall not replace all lamps, tubes and ballasts used in the Premises either after notice from Tenant or as a result of any periodic relamping program undertaken by Landlord. Such repairs, restorations and replacements shall be required included within Operating Cost unless the need for such repairs, restorations and replacements resulted from any fault or negligence of Tenant or Tenant's employees, agents or invitees, in which event the amount paid for such repairs, restorations and replacement shall be immediately due from Tenant to repair Landlord with interest at the Default Rate from the dates of Landlord's payments. (c) There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or replace injury to, or interruption of business, arising from Landlord, Tenant or others making any damage repairs, restorations, replacements, alterations, additions or loss by improvements in or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to Building or the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied or in or to such indebtednessfixtures, then Landlord shall have the right appurtenances or equipment thereof or as a result of other tenants failing to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termmake repairs.

Repairs. In 11.1 Tenant shall have the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect responsibility to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force keep and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and maintain the Leased Premises to in a good and complete state of repair and condition at all times except for ordinary wear and tear resulting from Tenant's use and occupancy and except as near otherwise provided in this Lease. Notwithstanding the condition as existed prior foregoing sentence to the property loss contrary, Landlord shall be responsible at its sole cost and expense (unless such maintenance and/or repair is caused by Tenant's negligent acts) for maintenance and repair of the structural portions including without limitation footings, foundations, floor slab, structural walls, columns and beams and all roof areas of the Building including without limitation the roof membrane. Landlord shall also keep in good working order and repair the Building's systems including without limitation electrical system and plumbing systems to the point that they enter the Leased Premises, and common areas including access ways, drive ways, parking areas located on the Property. Except as practicable; providedotherwise provided herein, however, that if Tenant shall maintain the Leased Premises and be responsible for all repairs and restoration are not in fact substantially completed within such one hundred eighty replacements of every kind and character, to any plumbing fixtures, lamps and ballasts, and any hardware items necessary to preserve and maintain the Leased Premises and its appurtenances (180) day periodexcluding those areas for which Landlord is responsible as provided herein). In addition, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have replace in the right to terminate Leased Premises all glass, including plate glass, damaged or destroyed by any actions of Tenant over the Lease Term of this Lease. All the foregoing repairs and replacements whether performed by written notice to Landlord within twenty (20) days following the earlier of or Tenant, including Landlord's Work, shall (a) notice from Landlord that the repairs be performed in a good and restoration will take longer than the Restoration Periodworkmanlike manner, or (b) the expiration of first-class quality, (c) not diminish the overall value of the Restoration Period if the Leased Premises, and (d) be subject to Landlord's prior written approval (except in cases of emergency), such approval not to be unreasonably delayed, conditioned, or withheld. All repairs and restoration has not been substantially completed replacements and other property attached to or used in connection with the Leased Premises by such expirationor on behalf of Tenant (other than removable trade fixtures, furniture and equipment and those items listed on Exhibit F attached; hereto and made a part hereof (collectively, "Tenant's Personal Property.") shall become the property of Landlord without payment on the termination of this Lease. Landlord shall represents and warrants that all non-structural elements and the interior of the Premises, together with all electrical, plumbing and other mechanical installations therein, including, but not be required to repair or replace limited to, heating and air conditioning equipment are in good order and repair. 11.2 Tenant will procure all necessary permits before making any damage or loss by or from fire or other cause to any panelingsrepairs, decorationsinstallations, partitionsalterations, additions, railingsimprovements or removals. Landlord will cooperate with Tenant in obtaining such permits. Tenant will make all repairs, ceilingsinstallations, floor coveringsalterations, office fixtures improvements and removals in a good and workmanlike manner, in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspections or rating bureaus having jurisdiction, and so that the structure of the Building will not be endangered or impaired. Tenant will repair all damage caused by or resulting from any other property such repairs, installations, alterations, additions, improvements or improvements installed removals, including, but without limitation, the filling of holes. Tenant will pay promptly when due all charges for labor and materials in connection with any work done by Tenant on the Leased Premises by, or belonging to, so that the Property shall at all times be free of liens and shall immediately discharge any such liens filed by any contractor retained by Tenant. Such partial destruction shall in no way annul or void this Lease except that . 11.3 Tenant shall be entitled to a proportionate reduction responsible for minor repairs and preventive maintenance of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into HVAC system serving the Leased Premises. Such reduction The Landlord shall be based on the ratio that the square footage responsible, for any major repairs (greater than $500 per occurrence) and capital replacement of the damaged portion of the Leased Premises bears to the total square footage of HVAC system servicing the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage7.1 Tenant shall, orat its sole cost and expense, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or other casualty. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays equipment caused by Tenant moving property in or its employeesout of Building or by installation or removal of furniture, contractors fixtures or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss other property by or from fire or other cause to any panelingson behalf 26 of Tenant, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss repaired, restored or replaced promptly by Tenant at its sole cost and until the time the Leased Premises are restored expense, which repairs, restorations and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction replacements shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears in quality and class equal to the total square footage of the Leased Premisesoriginal work or installations. If the parties cannot agree within forty-five (45) days of the property lossTenant fails to make such repairs, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputerestoration or replacements, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to after Landlord gives Tenant any sums due in respect written notice of the reduced rental from necessity thereof, the date same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a bill ▇▇▇refor. The exterior walls of the property loss. Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord’s obligations 's architects, in their sole reasonable discretion, find that the work necessary to restore increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in no way include the making of any construction originally performed by Tenant repairs, alterations, additions or subsequently undertaken by improvements so as to minimize any interference with Tenant's business operations, but shall include solely that property constructed by not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord prior to commencement of the Term hereof. Notwithstanding anything shall, at its expense (subject to the contrary contained provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Common Areas and the Building in good condition and repair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except for those repairs for which Tenant is responsible pursuant to the provisions of this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Tenant agrees to keep the event Premises, each and every part thereof, and any and all appurtenances thereto save the roof and exterior walls (excepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of a property loss the foregoing and storefronts) and likewise including said excepted items, in good condition and repair during the term of the Lease, ordinary wear and tear alone excepted, hereby expressly waiving all rights to make repairs as the expense of Landlord as provided for in any statute or law in effect at the time of execution of this Lease or any amendment thereof or any other statute or law which may be repaired within one hundred eighty (180) days from hereafter passed during the date term of the damagethis Lease, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) agrees upon the expiration of the Restoration Period if term of this Lease or sooner termination hereof to surrender unto Landlord the premises in the same condition as received and improved by Tenant, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements alone excepted. If Tenant fails to make said repairs in a reasonable time period and manner, Landlord may make said repairs at Tenant’s expense, provided that Landlord gives Tenant ten (10) days notice before the start of making repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and reimburse Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed after receipt by Tenant or subsequently undertaken by Tenantof a ▇▇▇▇ therefore, but shall include solely that property constructed by Landlord prior including a charge equal to commencement five percent (5%) of the Term hereofcost for overhead. Notwithstanding anything to the contrary contained foregoing, Landlord shall deliver the Premises in this Leasea clean broom swept condition, free of all hazardous materials and in safe and tenantable condition. Landlord shall be responsible for the repair of latent defects, if any, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration structure of the TermBuilding.

Repairs. Tenant shall, at its sole cost, keep and maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs Which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all plumbing heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair. Tenant shall be responsible for all pest control within the Leased Premises, including but not limited to the eradication of any ants or termites should infestation be observed during the ten-n of the Lease. ▇▇▇▇▇▇▇▇ agrees to provide to Tenant at the commencement date of the Lease, a letter certifying that there are no termites present in the Building or that the Building has been treated for termites. Tenant shall, at its sole cost, keep and maintain all utilities, fixtures and mechanical equipment used by Tenant in good order, condition, and repair. All windows shall be kept reasonably clean. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect Tenant fails to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and maintain the Leased Premises as required herein or fails to as near the condition as existed prior to the property loss as practicable; provided, however, that if the commence repairs and restoration are not (requested by Landlord in fact substantially completed writing) within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) daysdays after such request, or fails diligently to proceed thereafter to complete the installation of Tenant’s furnituresuch repairs, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right in order to terminate this Lease by delivering written notice preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as additional rent, together with interest at the rate of termination to Tenant within fifteen twelve percent (1512%) days after such requirement is made by any such holder, whereupon this Lease shall end on per annum from the date of making such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termpayments.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, insta-hot dispensers and any existing or additional equipment which may be repaired within one hundred eighty (180) days from serves the date Premises and is not part of the damageBase Building systems, orsuch as ancillary HVAC systems, generators and FM200 or fire suppression systems), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease which shall continue in full force not be unreasonably withheld, conditioned, or delayed, and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to exceed ten percent (10%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Base Building systems and equipment of the Building (including the Base Building HVAC, Base Building mechanical, Base Building plumbing and the Leased Premises to as near the condition as existed prior Base Building electrical), except to the property loss as practicableextent that such repairs are required due to the gross negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the gross negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon twenty-four (24) hour notice to repair Tenant (except in the case of emergency, when no notice is required, so long as Landlord notifies Tenant promptly after any such emergency) to make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on equipment located in the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Project as Landlord shall within ten (10) days thereafter refund desire or deem necessary or as Landlord may be required to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed do by Tenant governmental or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage quasi-governmental authority or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termcourt order or decree.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained Except as provided elsewhere in this Lease, in Tenant shall, at Tenant's expense, maintain and repair the event Leasehold Improvements, including but not limited to heating, air conditioning, pavement, plumbing and electrical fixtures. Tenant shall also maintain and repair any additions to the holder Demised Premises made by Tenant and shall replace glass broken during the term of the Lease. Tenant shall not clog any indebtedness secured plumbing, sewers, waste pipes, drains or water closets used by a mortgage or deed of trust covering Tenant. Tenant shall also, at Tenant's expense, repair all damage to the Leased Premiseswalls, Building and/or Complex requires that any insurance proceeds ceilings, doors and door frames caused by Tenant's use. All landscaping shall be applied to such indebtednessmaintained by Tenant at its expense. If, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after written notice by Landlord, Tenant fails to provide any maintenance or repairs required of Tenant and to complete the same with reasonable diligence, then Landlord may provide such requirement is repairs or maintenance for the account of Tenant and the cost thereof shall be added to the next monthly installment of rent payable hereunder and shall be collectible as rent. (b) During all terms of this Lease Landlord shall maintain and repair the foundation, roof, roof structure, gutters and downspouts, and structural walls and structural elements of the Leasehold Improvements, and damage due to fire or casualty, to the extent this Lease requires Landlord to insure against such fire or casualty. All repairs and maintenance to be made by any such holder, whereupon this Lease Landlord shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termbe at Landlord's risk and expense.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (180) days from including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the date of the damage, orfloor coverings, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near base building systems and equipment (including all the condition as existed prior primary plumbing, electrical, and HVAC systems located in the internal core of the Building) of the Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. During the Lease Term, Landlord shall repair or replace replace, as determined necessary by Landlord pursuant to sound real estate management principals, any damage fan coils serving the Premises (collectively, the "Fan Coils") that fail and are then no longer operative. Landlord acknowledges that such repair or loss replacement shall be at Landlord's sole cost and expense, and that any expenses incurred by Landlord during such repair or from fire replacement shall not be passed through to the Tenant as Operating Expenses. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or other cause to under any panelingssimilar law, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises bystatute, or belonging toordinance now or hereafter in effect. To the fullest extent permitted by law, Tenant. Such partial destruction shall Tenant hereby waives and releases any and all rights it may have at law or in no way annul equity to make repairs at the expense of Landlord or void this Lease except that Tenant shall in lieu thereof to vacate the Premises as may be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made provided by any such holderlaw, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed statute or ordinance now or hereafter in this Lease for the expiration of the Termeffect.

Repairs. In Owner shall maintain and repair the event exterior of a property loss which may be repaired within one hundred eighty (180) days from and the date public portions of the damagebuilding, orincluding, in without limitation, the alternativemechanical systems of the building (but not the air conditioning system). Tenant shall, in throughout the event term of this lease, take good care of the parties do not elect to terminate this Lease under demised premises including the terms bathrooms and lavatory facilities (if the demised premises encompass the entire floor of Section 19.1 abovethe building), then this Lease shall continue in full force the windows and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building window frames, and the Leased Premises to as near the condition as existed prior fixtures and appurtenances therein, and at Tenant's sole cost and expense promptly make all repairs thereto and to the property loss as practicable; providedbuilding, howeverwhether structural or non-structural in nature, that if caused by, or resulting from, the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodcarelessness, subject to delays caused by Tenant omission, neglect or its improper conduct of Tenant, Tenant's servants, employees, contractors invitees, or agents licensees, and delays beyond the reasonable control whether or not arising from Tenant's conduct or omission, when required by other provisions of Landlord (the “Restoration Period”)this lease, then including Article 6. Tenant shall also have repair all damage to the right building and the demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to terminate the Lease original work or construction. If Tenant fails, after 30 days notice, to proceed with due diligence to make repairs required to be made by written Tenant, the same may be made by Owner at the reasonable expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a ▇▇▇▇ or statement therefor. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Landlord within twenty (20) days following Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the earlier part of (a) notice Owner by reason of inconvenience, annoyance or injury to business arising from Landlord that Owner, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the repairs and restoration will take longer than building or the Restoration Perioddemised premises, or (b) in and to the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationfixtures, appurtenances or equipment thereof. Landlord It is specifically agreed that Tenant shall not be required entitled to repair any setoff or replace reduction of rent by reason of any damage failure of Owner to comply with the covenants of this or loss any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by or from way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other cause casualty with regard to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenantwhich Article 9 hereof shall apply. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.Window Cleaning:

Repairs. In Section 6.1. Throughout the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damageTerm, orTenant, in the alternativeat its sole cost and expense, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that take good care of the repairs Premises, including all of the buildings, structures, parking areas, driveways, access roads, railroad spur lines and restoration will take longer than related facilities (to the Restoration Periodextent of Landlord’s obligation to maintain or repair the same pursuant to any applicable agreement with the railroad company), or and all other Improvements, and put, keep and maintain the same in clean, good and safe order and condition, and, (b) subject to the expiration provisions of Article 5, make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, and unforeseen and foreseen, necessary, in Landlord’s reasonable judgment, to keep the same in good and safe order and condition, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear, tear, obsolescence or defects, latent or otherwise. Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage, or injury to the Premises. As used in this Section 6.1 and the other Sections of this Lease, the term “repairs” includes all necessary replacements, renewals, alterations, improvements, and additions, including structural repairs and capital improvements. All repairs made by Tenant shall be equal in quality and class to the quality and class of the Restoration Period if Improvements existing on the repairs date hereof. Section 6.2. Tenant shall, at its sole cost and restoration has not been substantially completed by such expirationexpense, keep all driveways, parking areas, sidewalks, ground areas and curbs on, in front of or adjacent to the Premises reasonably clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances. Section 6.3. Landlord shall not be required to repair furnish any services, utilities or replace any damage or loss by or from fire or other cause facilities whatsoever to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have no duty or obligation to make any alteration, change, improvement, replacement or repair to any Premises, whether foreseen or unforeseen, or to maintain any Premises, and Tenant hereby expressly waives the right to terminate this Lease by delivering written notice make repairs at the expense of termination to Landlord, which right may be provided for in any Laws now or hereafter in effect. Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on assumes the date of such damage as if the date of such damage were the date originally fixed in this Lease full and sole responsibility for the expiration condition, operation, repair, alteration, improvement, replacement, maintenance and management of the TermPremises.

Repairs. (a) The Lessee shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, and repairs that are detailed below and born by the Lessor. Lessee may not remodel, make additions, improvements and/or replacements of and to all or any part of the Leased Premises without prior written consent of the Lessor. (b) The Lessor shall operate, maintain, repair and replace the systems, facilities and equipment necessary for the proper operation of the building in which the Leased Premises are located (including without limitation, the heating, ventilation and air conditioning systems, elevators, building security systems, sprinkler systems, plumbing and electrical) and shall maintain and repair the foundations, structure and roof of the building and repair damage to the building which the Lessor is obligated to insure within investment maintenance. (c) If Lessor fails to repair the Leased Premises as required by Section 8(b) within thirty (30) days after receiving written notice from Lessee of any damage to the Leased Premises, Lessee may perform such repairs on behalf of Lessor. Lessee shall be reimbursed by Lessor all costs under this section. In the event of a property loss which may be repaired that Lessor fails to reimburse such reasonable costs and expenses within one hundred eighty thirty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (2030) days following Lessee’s written demand, Lessee shall be entitled to receive an abatement of Rent in the earlier amount of such costs and expenses. (d) Lessee will notify Lessor promptly after Lessee learns of (a) notice from Landlord that any fire or other casualty in the repairs and restoration will take longer than the Restoration Period, or Leased Premises; (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage to or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall defect in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on , including the ratio that the square footage of the damaged portion of fixtures and equipment in the Leased Premises bears Premises, for the repair of which Lessor will be responsible for; and (c) any damage to the total square footage or defect in any parts or appurtenances of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss’ sanitary, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputeelectrical, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due heating, air conditioning, elevator or other systems located in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering passing through the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from the date nonstructural portions of the damagePremises that are not Landlord’s responsibility to maintain under this Lease, orincluding all improvements, fixtures and furnishings therein (including the Furniture, as defined below), in good order, repair and condition at all times during the alternativeLease Term, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 aboveordinary wear and tear, then this Lease shall continue in full force damage by casualty and effect and Landlord shall forthwith undertake Landlord’s repair obligations hereunder excepted; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs and upon prior written notice to reconstitute Tenant and lapse of applicable cure period (except in the case of an emergency where no notice shall be necessary) or if Tenant requests that Landlord make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a commercially reasonable percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same. Notwithstanding the foregoing, Landlord shall make repairs to the exterior and load-bearing walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Base Building systems and equipment of the Building (including the mechanical, HV, electrical, fire/life safety and the Leased Premises plumbing systems and equipment) as a common area expense (subject to as near the condition as existed prior Exhibit C attached hereto), except to the property loss as practicable; providedextent that such repairs are required due to the negligence or willful misconduct of Tenant, provided however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith as a common area expense. In no event shall this negate the waiver of subrogation. Landlord may (and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control provisions of Landlord (the “Restoration Period”Article 27 of this Lease), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following enter the property loss and until the time the Leased Premises are restored and Tenant has had a at all reasonable period, not to exceed thirty times upon twenty-four (3024) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five hour notice (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, unless in the event of an emergency) to make such repairs, alterations, improvements or additions to the holder of Premises or to the Building or to any indebtedness secured by a mortgage or deed of trust covering equipment located in the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then as Landlord shall have the right desire or deem necessary or as Landlord may be required to terminate this Lease do by delivering written notice governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date subsection 1 of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration Section 1932 and Sections 1941 and 1942 of the TermCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Repairs. In Landlord shall maintain, at its expense, the event of a property loss which may be repaired within one hundred eighty (180) days from the date structural soundness of the damageroof, orfoundation, and exterior walls of the Building in the alternativegood repair, reasonable wear and tear and damages caused by Tenant, its agents, invitees, and contractors excepted. The term “walls” as used in the event the parties do this paragraph shall not elect to terminate this Lease under the terms include windows, doors, store-fronts, overhead doors, dock bumpers, dock seals, dock plates, or dock levelers. Tenant shall promptly give Landlord written notice of Section 19.1 aboveany repair required by Landlord, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake proceed with due diligence to make such repairs to reconstitute the Building repair. Tenant, at its expense, shall repair, replace and the Leased Premises to as near the maintain in good condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration all portions of the Restoration Period if Premises and all areas, improvements and systems exclusively serving the repairs Premises, including, without limitation, dock and restoration has not been substantially completed by such expiration. Landlord shall not be required loading areas, truck doors, plumbing, water and sewer lines up to repair or replace any damage or loss by or from points of common connection, fire or other cause to any panelingsprotection systems, decorationsentries, partitions, additions, railingsdoors, ceilings, floor coveringsroof membrane, office fixtures or any other property or improvements installed on the Leased Premises bywindows, or belonging tointerior walls, Tenantdemising walls, HVAC systems, and evaporative coolers. Such partial destruction shall in no way annul repairs and replacements may include capital expenditures whose benefit may extend beyond the Lease Term. If Tenant fails to perform any repair or void this Lease except that replacement for which it is responsible, Landlord may perform such work and be reimbursed by Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation within 30 days after written demand. If any of Tenant’s furniture, fixtures, and equipment and any obligations hereunder affect other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage tenants or portions of the damaged portion Building/Project, Landlord may perform the repair or replacement and include the cost as part of Operating Expenses or allocate the cost to tenants as may be appropriate. Tenant shall enter into a maintenance service contract with a vendor reasonably acceptable to Landlord to periodically service the HVAC and evaporative coolers in the Premises in accordance with a scope of services reasonably prescribed by Landlord. Tenant shall supply Landlord a copy of the Leased Premises bears to the total square footage contract upon request as evidence of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereofcompliance. Notwithstanding anything to the contrary contained in this Leaseherein, in the event Landlord makes any of the holder following major capital replacements to the Building or Project: replacement of any indebtedness secured by a mortgage the roof membrane of the Building, resurfacing the parking lot, replacement of the concrete truck aprons, or deed full exterior repaint of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtednessBuilding, then Tenant shall reimburse Landlord shall have the right to terminate this Lease by delivering written notice as part of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration Operating Expenses its pro rata share of the Termcost as amortized over the lesser of its useful life as reasonably determined by Landlord in accordance Generally Accepted Accounting Principles or ten (10) years.

Repairs. In 4.01. Except as otherwise expressly set forth herein, Landlord, shall operate, maintain, repair and replace, commensurate with comparable first class office buildings located south of Canal Street in Manhattan (the event of a property loss which may be repaired within one hundred eighty “Comparable Buildings”), (180i) days from the date Building Systems, the structural portions (whether inside or outside of the damagedemised premises) of the Building, orthe roof structure and membrane, the exterior walls (including the Building’s curtain wall) and glass, the foundation, mullions, columns, beams and shafts (including elevator shafts), common areas of the Building made available to Tenant and the fan rooms, telephone, electric and janitorial closets located on floors which include a Portion of the demised premises (whether located inside or outside the demised premises), and (ii) only to the extent that Landlord’s failure to operate, maintain, repair and replace same in a manner commensurate with Comparable Buildings would adversely affect Tenant’s use of the alternativedemised premises, the non-structural portions of the Building, the floor/ceiling slabs and all other portions of the Building (outside the demised premises) not separately demised for use by Tenant or any other tenant, provided, with respect to this clause (ii), (x) Tenant shall have notified Landlord of the condition to be maintained, repaired or replaced and provided Landlord a reasonably detailed explanation of the adverse impact on Tenant’s use of the demised premises that would result from Landlord’s failure to maintain, repair or replace same, and (y) Tenant shall not be obligated to maintain and repair the same pursuant to the provisions of this Lease. (a) Subject to the notice requirement set forth below in this subsection (a), in the event Tenant advises Landlord in writing that that Tenant claims Landlord has failed to perform its obligations with respect to the parties do not elect to terminate this Lease under repair, replacement, maintenance and operation of the Building in accordance with the express terms of Section 19.1 abovethis Article 4 (collectively, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration PeriodArticle 4 Obligations”), then Tenant shall also have the right to terminate the Lease remedy such Landlord failure provided that (i) a failure by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Article 4 Obligations materially adversely affects Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary ability to ready the Leased Premises for the operation of conduct Tenant’s business in any Portion of the demised premises and (ii) the cure for such failure shall affect only the demised premises or the Building Systems outside of the demised premises which services the demised premises exclusively. Tenant’s right to move into cure the Leased Premises. Such reduction foregoing Landlord failure shall be based on the ratio immediate in case of emergency whereby Tenant believes, in good faith, there is (i) imminent threat of physical injury to persons or (ii) imminent threat of damage (other than of a de minimis nature) to property that the square footage reasonably mandates an immediate response (such as, for example, a water leak), and in all other cases Tenant shall first deliver to Landlord written notice of the damaged portion of the Leased Premises bears such failure and if Landlord fails to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall cure such failure within ten (10) business days thereafter refund after delivery of Tenant’s notice, Tenant shall deliver a second written notice of such failure to Tenant any sums due in respect Landlord and if Landlord fails to commence and diligently pursue the cure of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtednessfailure within three (3) business days after such second notice, then Landlord Tenant shall immediately have the right to terminate this Lease by delivering written notice remedy such failure as provided above. If Tenant performs any of termination the Article 4 Obligations, Landlord shall pay to Tenant its reasonable out-of-pocket costs thereof within fifteen thirty (1530) days after a statement is given to Landlord of the amounts of such requirement sums and the parties to which such payment has been made, together with interest accruing at the Interest Rate from and after such thirtieth (30th) day until the date such sums are paid by Landlord. (b) In the event of any disputes regarding Tenant’s exercise of its rights set forth in Section 4.01(a) above, such dispute shall be settled by expedited arbitration by a single arbitrator in accordance with the arbitration procedure set forth in Article 49 of this Lease. In the event Tenant is made the prevailing party in the foregoing arbitration, Landlord shall pay to Tenant interest on the sums paid by Tenant to cure Landlord’s default at the Interest Rate from the date such sums were incurred by Tenant until the date such sums are paid by Landlord, provided that Tenant shall ▇▇▇▇ Landlord for the sums so incurred within thirty (30) days after Tenant shall have incurred the same. (c) Subject to the terms of this Lease, including but not limited to Landlord’s express operation, repair, maintenance and replacement obligations set forth above in this Section 4.01, Tenant shall, at its sole cost and expense, maintain and make such repairs to the demised premises and the fixtures and appurtenances therein (including, without limitation, any fixtures or appurtenances for distributing Building services within the demised premises and any supplemental HVAC units exclusively serving the demised premises), and any of Tenant’s equipment located outside of the demised premises, as and when needed to preserve them in good working order and condition; provided, that Tenant shall not be responsible for any maintenance, repair or replacement to structural components of the Building to the extent arising by virtue of Tenant’s mere use of the demised premises for office uses, as distinguished from Tenant’s particular manner of use of the demised premises; provided, further, that any maintenance, repair or replacement to structural components of the Building or Building Systems which are Tenant’s obligation to perform shall be performed by Landlord and Tenant shall reimburse Landlord for its actual reasonable out-of-pocket costs incurred in connection therewith. Ancillary to Article 3, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or, subject to Section 7.04(b) and Section 46.01 of the Lease, the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property shall be repaired, restored or replaced promptly at Tenant’s sole cost and expense (in accordance with Section 3.03), which repairs, restorations and replacements shall be in quality and class substantially equal to the condition existing immediately prior to Tenant’s damage or injury thereto. 4.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area of the demised premises which such holderfloor was designed to carry and which is allowed by law, whereupon unless Tenant, at its sole cost and expense, reinforces the applicable portion of the floor in accordance with the provisions of this Lease applicable to the performance of Tenant Alterations. Without Landlord’s approval, Tenant shall end not have the right to adversely impact, or alter, existing Building support columns within the demised premises or any other portion of the Building. 4.03. Business machines and mechanical equipment belonging to Tenant which cause unreasonably excessive or disturbing vibration or noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring-type vibration eliminators sufficient to absorb and prevent such vibration or noise. 4.04. Landlord has the right, at any time or from time-to-time, in its reasonable discretion, to, and may: so long as Tenant is not denied reasonable access to the demised premises or access to the Building lobby, or the common areas on floors of the Building on which any portion of the demised premises are located, (i) make such changes, alterations, additions, improvements, repairs and/or replacements to the Building (excluding, except as set forth in Section 11.01, the demised premises), the systems, services (subject to Article 27), equipment and utilities of the Building, and the land on which the Building is located, including changing the arrangement and/or location of, common area or public entrances, exterior façade, passageways, doors, doorways, corridors, elevators, stairs, toilets and/or other common or public parts of the Building, as Landlord, in its reasonable discretion, deems necessary, appropriate or desirable; (ii) build, add to, subtract from, relocate, or otherwise use the Building (excluding the demised premises), the land on which the Building is located, or any parts thereof, or any equipment, buildings, structures, or other areas or facilities therein or thereon, as Landlord, in its reasonable discretion, deems necessary, appropriate or desirable; and/or (iii) limit and/or restrict access to the Building or any parts and/or take such other action (including, but not limited to, exercising its rights under clauses (i) and/or (ii) above), as Landlord, in its reasonable discretion, deems necessary for the security, safety health and/or welfare of the Building, its tenants, occupants and their respective invitees, and all other persons and property located in, on or at the Building provided that in each instance referred to in clauses (i), (ii) and (iii) the alterations, additions, improvements, restrictions or limitations (A) are carried out in such a manner so as to minimize interference with Tenant’s use and occupancy of, and access to, the demised premises; (B) will not adversely affect the first class nature of the Building; (C) will not cause any of the windows located in the demised premises to be blocked as a result thereof, except on a temporary basis (or a permanent basis if required by applicable laws); (D) will not be made to the demised premises (except to a de minimis extent); (E) will not reduce the level of security at the Building below that which is commensurate with Comparable Buildings; and (F) will not materially adversely impair the visibility of Tenant’s Exterior Signage except on a temporary basis; provided, if Landlord shall relocate the main entrance of the Building (as opposed to Landlord’s creation or establishment of one or more new dedicated Building entrances for the benefit of individual tenants), Landlord shall, at Landlord’s sole cost and expense, relocate Tenant’s Exterior Signage located on the date Broad Street side of the Building to the exterior of the Building near such relocated main entrance, subject to Landlord’s right to reasonably reconfigure, redesign or resize such relocated Tenant’s Exterior Signage to conform to the configuration, design or location of such damage new main Building entrance so long as if the date visibility of such damage were relocated Tenant’s Exterior Signage in relation to the date originally fixed in this Lease for relocated main entrance is not materially adversely impaired as compared to the expiration visibility of the Terminitial Tenant’s Exterior Signage in relation to the original main entrance.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date 7.01 Tenant shall take good care of the damagedemised premises and the fixtures, orequipment and appurtenances therein and shall, in the alternativeat its sole cost and expense, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the demised premises and the fixtures, equipment and appurtenances therein as are necessitated by the (i) act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises, shall be repaired promptly by Tenant (or by Landlord, if a structural repair), at Tenant's sole cost and expense. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays equipment caused by Tenant moving property into or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration out of the Restoration Period if the repairs and restoration has not been substantially completed Building or by such expiration. Landlord shall not be required to repair installation or replace any damage or loss by or from fire removal of furniture, fixtures or other cause to any panelingsproperty, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss repaired, restored or replaced promptly by Tenant at its sole cost and until the time the Leased Premises are restored expense, which repairs, restorations and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction replacements shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears in quality and class equal to the total square footage of the Leased Premisesoriginal work or installations. If the parties cannot agree within forty-five (45) days of the property lossTenant fails to make such repairs, restoration or replacements, the matter same may be made by Landlord at the expense of Tenant and such expense shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement collectible as additional rent and shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed paid by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after rendition of a bill there▇▇▇. The exterior walls of the Building, the portions of any window sills outs▇▇▇ ▇he windows, the windows, the fire stairs, utility closets and any shafts passing through the floor on which the demised premises are located are not part of the premises demised by this lease, and Landlord reserves all rights to such requirement parts of the Building. 7.02 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is made allowed by law. 7.03 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such holdera degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, whereupon rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04 Except as otherwise specifically provided in this Lease lease, there shall end be no allowance to Tenant for a diminution of rental value and no liability on the date part of such damage as if Landlord by reason of inconvenience, annoyance or injury to business arising from the date making of such damage were the date originally fixed any repairs, alterations, additions or improvements in this Lease for the expiration or to any portion of the TermBuilding or the demised premises or in or to fixtures, appurtenances or equipment thereof. 7.05 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the demised premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (bi) the expiration structural portions of the Restoration Period if Building, (ii) the repairs exterior walls of the Building, including, without limitation, glass and restoration glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems)], and (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not been substantially completed made such repair within a reasonable time following the receipt by Landlord of such expirationnotice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the foregoing to the extent caused by the acts or replace any omissions of Tenant or it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or loss destruction by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant casualty shall be entitled to a proportionate reduction governed by the provisions of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased PremisesParagraph 9. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right but not the obligation to terminate undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by delivering written notice Landlord in performing any such repair for the account of termination Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to five percent (5%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such requirement is made repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, together with an administration fee equal to five percent (5%) of such costs. (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such holderfixtures, whereupon this Lease furnishings or personal property, Tenant shall end on be deemed to have abandoned the date of such damage as if the date of such damage were the date originally fixed same, in this Lease for the expiration which case Landlord may store or dispose of the Termsame at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a property loss which may be repaired Premises, including all improvements, fixtures, furnishings, and systems and equipment within one hundred eighty (180) days from the date of Premises or elsewhere exclusively serving the damage, orPremises, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant’s own expense, but under the terms supervision and subject to the prior reasonable approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to reconstitute the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and the Leased Premises to as near the condition as existed prior Common Areas (to the property loss as practicableextent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant’s expense, subject to delays caused or, if covered by Tenant or its employeesLandlord’s insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have only be obligated to pay any deductible in connection therewith. Subject to the right to terminate the Lease by written notice to terms of Article 27, below, Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Periodmay, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall comply with all reasonable and nondiscriminatory requirements of Tenant when accessing the Premises provided such requirements are intended, decorationsin good faith, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on for the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction purpose of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of protecting Tenant’s furniturework, fixtures, and equipment proprietary information and any other work reasonably necessary sensitive matter pertaining to ready the Leased Premises for the operation of Tenant’s business Permitted Use. Tenant hereby waives and releases its right to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage make repairs at Landlord’s expense under Section 1941 and 1942 of the damaged portion California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. LandlordBuilding’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termnetwork cabling.

Repairs. In the event of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage7.1 Tenant shall, orat its sole cost and expense, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the demised premises and the fixtures and appurtenances therein as are necessitated by the reckless or negligent acts or omissions of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or other casualty. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays equipment caused by Tenant moving property in or its employeesout of Building or by installation or removal of furniture, contractors fixtures or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss other property by or from fire or other cause to any panelingson behalf of Tenant, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss repaired, restored or replaced promptly by Tenant at its sole cost and until the time the Leased Premises are restored expense, which repairs, restorations and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction replacements shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears in quality and class equal to the total square footage of the Leased Premisesoriginal work or installations. If the parties cannot agree within forty-five (45) days of the property lossTenant fails to make such 24 repairs, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputerestoration or replacements, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to after Landlord gives Tenant any sums due in respect written notice of the reduced rental from necessity thereof, the date same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a bill ▇▇▇refor. The exterior walls of the property loss. Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord’s obligations 's architects, in their sole reasonable discretion, find that the work necessary to restore increase such floor load does not adversely affect the structure of the Building and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building. 7.3 Landlord shall exercise reasonable diligence in no way include the making of any construction originally performed by Tenant repairs, alterations, additions or subsequently undertaken by improvements so as to minimize any interference with Tenant's business operations, but shall include solely that property constructed by not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord prior to commencement of the Term hereof. Notwithstanding anything shall, at its expense (subject to the contrary contained provisions of Section 7.1 hereof and to reimbursement as set forth in Article 4 hereof) keep and maintain the Common Areas and the Building in good condition and repair in accordance with the standards appropriate to a first class office building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except for those repairs for which Tenant is responsible pursuant to the provisions of this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term.

Repairs. In 9.1. Tenant shall, at its sole cost and expense, make such repairs to the event demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant (except for fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated by this provision) or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a property loss ▇▇▇▇ therefor. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. 9.2. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. Landlord certifies that the floor of the demised premises will carry fifty (50) pounds live load per square foot of floor space and twenty (20) pounds for partitions per square foot of floor space. If Tenant shall desire a floor load in excess of that set forth above, Landlord agrees (provided Landlord's architects, in their reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 9.3. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators and air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be repaired within one hundred eighty (180) days transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for first class office buildings on Park Avenue between 46th and 57th Streets in the Borough of Manhattan or required by law. 9.4. Except as otherwise provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the date making of any repairs, alterations, additions or improvements in or to any portion of the damageBuilding or the demised premises or in or to fixtures, orappurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations. 9.5. Landlord shall (i) keep the steps, entrance walks, sidewalks and curbs adjoining the Building reasonably free of ice, snow, refuse, rubbish and unlawful obstruction, (ii) keep and maintain the Building and its fixtures, appurtenances, systems and the facilities, serving and/or in the demised premises, in good working order, condition and repair, (iii) promptly make all repairs and replacements, structural or otherwise, necessary or desirable to keep in good order and repair the alternativeinterior and exterior of the Building, and (iv) if any of Tenant's property shall be damaged in any way as a result of the negligence of (including the improper installation of any of Tenant's property by) Landlord, its employees or agents, repair the property so damaged to good condition; except, as to clauses (ii) and (iii), those repairs which Tenant is expressly obligated to make pursuant to other provisions of this Lease. 9.6. Whenever Landlord shall make any repairs, alterations, additions or improvements, it agrees to use reasonable efforts to the extent practicable to do such work in such a manner as not materially to interfere with Tenant's use and enjoyment of the demised premises. Landlord shall use its best efforts to complete such repairs in a timely manner and if such repairs materially interfere with Tenant's business operations in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and demised premises Landlord shall forthwith undertake use overtime labor to make such repairs provided the repairs are not necessitated or hindered by the acts or omissions of Tenant. Tenant shall cooperate with Landlord by transferring, wherever practicable, activities from the area where repairs are to reconstitute be made to other portions of the Building demised premises so as to permit the repairs to be made as expeditiously as practicable. Tenant recognizes that emergency repairs may be required and the Leased Premises to as near the condition as existed prior in such instances Tenant will permit Landlord all reasonable and necessary access to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within demised premises to make such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termrepairs.

Repairs. 17.1 All repair requests must be submitted in writing, either through the property manager’s tenant portal (preferred) or USPS First Class Mail. Emails, text messages, or phone calls are not acceptable for normal (non-emergency) repair requests. 17.2 If Tenant is delinquent in rent at the time a repair request is made, the Landlord may not be obligated to make the repair. 17.3 In the event of a property loss which an emergency at the Property, Tenant shall call the Landlord or Property Manager at: (▇▇▇) ▇▇▇-▇▇▇▇ 17.3.1 Tenant may be assessed an administrative charge for repeated non-emergency calls to the emergency maintenance phone number. 17.3.2 In the event of imminent danger to life or the Property, Tenant should first call law enforcement, fire department or ambulance (as applicable) and should take all steps necessary to keep Tenant, Occupant and guest safe. 17.4 Tenant may not repair or cause to be repaired within one hundred eighty (180) days from the date any condition, regardless of the damagecause, orwithout Landlord's permission except as expressly required under Section 15. 1. All decisions regarding repairs, in including the alternativecompletion of any repair, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required whether to repair or replace any damage or loss by or from fire or other cause the item, and the selection of contractors, will be at Landlord's sole discretion. 17.5 Landlord is not obligated to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on complete a repair outside of normal business hours/days 17.6 Tenant must promptly reimburse Landlord the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void amounts under this Lease except that Section 18 for which Tenant shall be entitled is responsible. 17.7 If a repair person is unable to a proportionate reduction of Rent following access the property loss and until the time the Leased Premises are restored and Property after making arrangements with Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniturerepair, fixturesTenant will pay any trip charge the repair person may charge, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall which amount may be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental different from the date of the property loss. Landlord’s obligations to restore shall amount stated in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained Section 12.4. 17.8 Except as otherwise specified in this Lease, Landlord will pay to repair or remedy conditions in the event Property in need of repair if Tenant complies with the holder of any indebtedness secured procedures for requesting repairs as described in Section 16. 17.9 Landlord will NOT pay to repair the following items: 17.9.1 conditions caused by a mortgage Tenant, Occupant, or deed of trust covering guest; 17.9.2 damage to doors, windows, and screens; 17.9.3 damage from windows or doors left open; 17.9.4 damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Leased Premises, Building and/or Complex requires Property; 17.9.5 items that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end are cosmetic in nature with no impact on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration functionality or use of the Termitem 17.9.6 slow or clogged drains; or 17.9.7 all damage caused by Tenant’s, Occupant’s, or guest’s negligence or intentional actions.

Repairs. In 4.1 Except as otherwise provided in this Lease, Lessor shall maintain and repair the event exterior walls, foundation, subfloor and roof of a property loss which may be repaired within one hundred eighty (180) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Building and the Leased Premises to as near the condition as existed prior utility installations, wiring, conduit and plumbing that provide water, sewer, electricity, telephone and gas service to the property loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the reasonable control meter boxes of Landlord (the “Restoration Period”), then Tenant shall also have the right to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based , or if there is no meter, to the first point on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage interior of the Leased Premises. If In no event shall Lessor be required to maintain or repair any doors, plate glass or other breakable materials used in the parties canBuilding or to make any repairs resulting from any act or omission of Lessee or its subtenants or their respective agents, employees, invitees, contractors, concessionaires or similar parties. Lessor shall not agree be liable for any failure to make repairs unless Lessee first gives written notice to Lessor specifying the repair in question, such repair is in fact necessary and Lessor fails to complete the repair within forty-five (45) days a commercially reasonable time after the notice. In no event shall Lessor be liable for damage resulting from failure of plumbing, electrical, gas, water or other pipes, systems or facilities in or about the property lossLeased Premises or the Building or for damage caused by water coming through the roof, skylights, vents or otherwise, unless the matter damage directly results from Lessor’s failure to maintain or repair facilities required to be repaired or maintained by Lessor pursuant to the express terms of this Lease. However, Lessor shall not be liable to Lessee for any lost profits or consequential damages of any kind. 4.2 Except for those items which are expressly the responsibility of Lessor pursuant to Section 4.1, Lessee shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive responsible for all other maintenance and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering repairs at the Leased Premises, Building and/or Complex requires and shall keep the Leased Premises and all equipment, facilities, light bulbs, filters and trade fixtures in or serving the Leased Premises. Without limitation, Lessee shall promptly replace all exterior and interior glass that may be broken, cracked or otherwise damaged with glass of the same quality and appearance, and shall maintain and repair all exterior and interior doors, including overhead garage doors. If Lessee fails to maintain or repair any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant item within fifteen (15) ten days after such requirement is made Lessor’s request, Lessor may, but without obligation to do so and in addition to any other remedy, make the repair or perform the work without liability to Lessee for any resulting damage, and Lessee shall immediately reimburse the expenses incurred by any such holderLessor in connection therewith. Lessee shall permit no waste, whereupon this Lease shall end on damage or injury to the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the TermLeased Premises.

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a property loss which may be repaired within one hundred eighty (180) days from Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the date floor or floors of the damage, orBuilding on which the Premises is located, in good order, repair and condition at all times during the alternativeLease Term. In addition, in the event the parties do not elect to terminate this Lease Tenant shall, at Tenant's own expense, but under the terms supervision and subject to the prior approval of Section 19.1 aboveLandlord, then this Lease shall continue in full force and effect within any reasonable period of time specified by Landlord, promptly and Landlord shall forthwith undertake adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but in no event in excess of the percentage set forth in Section 8.3 below) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the Building exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Leased Premises to as near systems and equipment of the condition as existed prior Building, except to the property loss as practicableextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs and restoration are not in fact substantially completed within such one hundred eighty (180) day periodat Tenant's expense, subject to delays caused or, if covered by Tenant or its employeesLandlord's insurance, contractors or agents and delays beyond the reasonable control of Landlord (the “Restoration Period”), then Tenant shall also have the right only be obligated to terminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expirationpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to repair make such repairs, alterations, improvements or replace any damage additions to the Premises or loss by to the Project or from fire or other cause to any panelingsequipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, decorationshowever, partitionsexcept for (i) emergencies, additions(ii) repairs, railingsalterations, ceilings, floor coverings, office fixtures improvements or any other property additions required by governmental or improvements installed on the Leased Premises byquasi-governmental authorities or court order or decree, or belonging (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant. Such partial destruction shall in no way annul 's use of, or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following access to, the property loss and until the time the Leased Premises are restored and Tenant has had a reasonable period, not to exceed thirty (30) days, to complete the installation of Tenant’s furniture, fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property lossCalifornia Civil Code or under any similar law, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the disputestatute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due or ordinance now or hereafter in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Termeffect.