Common use of Roof Work Clause in Contracts

Roof Work. If, during the Lease Term, Landlord needs to perform maintenance work to Landlord’s equipment on the roof of the Building or repair or replace the roof of the Building (“Roof Work”), Tenant agrees to cooperate and work with Landlord (at Tenant’s sole cost and expense to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion of the Rooftop Equipment, or Tenant’s installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from interference or disturbance with Tenant’s use of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment is required to accommodate the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that will not impede the Roof Work. Notwithstanding the foregoing, Landlord does not warrant and represent that an alternative location will be available, and, consequently, Landlord’s obligation to provide such alternative location is subject to the availability of such space. Under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocation, including, but not limited to, loss of business income or opportunity. Notwithstanding the foregoing, Tenant shall move the Rooftop Equipment back to its original location after the Roof Work is completed unless the parties agree to utilize the relocated area permanently.

Roof Work. If, during the Lease Term, as the same may be extended, Landlord needs to perform maintenance work to Landlord’s equipment on the roof of the Building or repair or replace the roof of the Building (“Roof Work”), Tenant agrees to cooperate and work with Landlord (at Tenant’s sole cost and expense to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expenseexpense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s its intention to perform said workthe Roof Work; except in the case of emergency Roof Work, Work in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion of the Rooftop Equipment, Dish at Tenant’s cost and expense or Tenant’s installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from interference or disturbance with Tenant’s use of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment Dish is required to accommodate the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that Dish which will not impede the Roof Work. Notwithstanding the foregoing, Landlord does not warrant and represent that in all circumstances that an alternative location will be available, available and, consequently, Landlord’s obligation to provide such alternative location is subject to the availability of such space. Under space and under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocation, relocation including, but not limited to, loss of business income or opportunity. Notwithstanding the foregoing, Tenant shall move the Rooftop Equipment Dish back to its original location after the Roof Work is completed unless the parties agree to utilize the relocated area permanently.

Roof Work. If, during In the Lease Term, Landlord needs to perform maintenance work to Landlord’s equipment on the roof event any portion of the Building or repair or replace Tenant Improvements are to be performed on the roof of the Building (“Roof Work”), Tenant agrees must first obtain Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by Landlord’s designated contractor(s), and any Roof Work related to cooperate and work with Landlord (roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all at Tenant’s sole cost and expense expense. Tenant shall not do or permit anything which would void any warranty of the roof. Tenant shall not be permitted to have access to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion roof of the Rooftop EquipmentBuilding without a representative of Landlord present. Tenant shall also be responsible, or at Tenant’s installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such expense, for the purchase, installation, maintenance, repair, replacement and removal of the Roof Work is due solely to and Tenant shall at all times, at Tenant’s Rooftop Equipmentsole cost and expense, maintain the Roof Work in good condition and repair utilizing Landlord’s designated contractor(s). If any utilities or services are required for the operation of the Roof Work , all such utilities and services shall be arranged by Tenant (subject to Landlord’s prior written approval thereof) and shall be at Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work will be performed in such a manner as to refrain from interference or disturbance with and/or Tenant’s use installation, operation, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. LEASE EXHIBIT D CONFIRMATION OF COMMENCEMENT DATE [Date] [Tenant’s Name and Address] RE: [Describe lease, by title and date (the “Lease”); name Landlord and Tenant] Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Leased Premises (other than as defined in the potential disruption Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of use the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of Rooftop Equipment the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ LEASE EXHIBIT E Broom Clean Condition and Repair Requirements Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as described needed. · All truck doors and dock levelers should be serviced and placed in this paragraphgood operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). MoreoverThis would include the necessary (a) replacement of any dented truck door panels, if broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a temporary relocation well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the Rooftop Equipment is required HVAC system. · All holes in the sheet rock walls shall be repaired prior to accommodate move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that will not impede the Roof Work. Notwithstanding the foregoing, Landlord does not warrant and represent that an alternative location will be available, and, consequently, Landlord’s obligation to provide such alternative location is subject to the availability of such space. Under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocationmisuse. · Facilities shall be returned in a clean condition, including, but not limited to, loss the cleaning of business income the coffee bar, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or opportunitybreakage shall be replaced. Notwithstanding the foregoing, All windows shall be clean. · Tenant shall move provide keys for all locks on the Rooftop Equipment back Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms to its original location after code. Bare wires and dangerous installations shall be corrected to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, the Roof Work is completed unless water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the parties agree to utilize the relocated area permanently.building. · All signs in front of building and on glass entry door and rear door shall be removed. LEASE EXHIBIT F Signage Plan See Attached ADDENDUM 1 RENEWAL OPTION

Roof Work. IfLandlord shall replace, during the Lease Termwhen Landlord deems necessary, Landlord needs to perform maintenance work to Landlord’s equipment on the roof of the Building or repair or replace Premises, including the roof of membrane (the Building (“"Roof Work”), ") according to plans and specifications and using materials selected by Landlord at Landlord's sole cost and expense. The Roof Work will be conducted in the Premises while Tenant is in occupancy thereof and paying rent under the Amended Lease. Tenant agrees to cooperate and work with Landlord (at Tenant’s sole cost and expense to make the extent such Roof Work is due solely Premises reasonably available to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost Landlord and expense as an Operating Expense) to achieve said its contractors for the performance of the Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion of the Rooftop Equipment, or Tenant’s installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from acknowledges that some interruptions and/or interference or disturbance with Tenant’s use 's business may occur during the course of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment is required to accommodate the Roof Work, but agrees that no interruptions or inconveniences to Tenant or its business suffered as a result of the Roof Work shall constitute an eviction of Tenant from the Premises, whether constructive or otherwise, and Tenant shall in no event be excused from paying the Monthly Rent and/or additional rent that it is scheduled to pay pursuant to the terms of the Amended Lease. Landlord agrees may or may not perform the Roof Work during normal business hours. If Tenant requires that the Roof Work be performed after Tenant's business hours, Tenant shall pay to exercise Landlord the additional costs, if any, to perform the Roof Work after business hours. Landlord and Tenant shall cooperate and cause their respective employees, agents and contractors to cooperate with the other during said period to expedite completion of the Roof Work as well as to minimize any interference with Tenant's business operations in the Premises. Such cooperation by Tenant shall include, without limitation, moving, packing, and/or other temporary relocation of furniture and fixtures within the Premises at Tenant's expense. Landlord shall use commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that will not impede complete the Roof Work. Notwithstanding Work according to the foregoingschedule attached hereto as Exhibit "A" (the "Schedule"), subject to extension for any delay beyond the reasonable control of Landlord and/or any Tenant-related delays; provided, however, Tenant acknowledges and agrees that the dates in the Schedule are estimates, and that Landlord shall not be deemed in default under the Amended Lease, nor shall Tenant be entitled to any damages and/or any abatement of rent, if Landlord does not warrant and represent that an alternative location will be available, and, consequently, Landlord’s obligation to provide such alternative location is subject to the availability of such space. Under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocation, including, but not limited to, loss of business income or opportunity. Notwithstanding the foregoing, Tenant shall move the Rooftop Equipment back to its original location after complete the Roof Work is completed unless according to the parties agree to utilize the relocated area permanentlySchedule.

Roof Work. If, during the Lease Term, as the same may be extended, Landlord needs to perform maintenance work to Landlord’s 's equipment on the roof of the Building or repair or replace the roof of the Building (“"Roof Work”"), Tenant agrees to cooperate and work with Landlord (at Tenant’s 's sole cost and expense to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expenseexpense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written ' notice to Tenant of Landlord’s its intention to perform said workthe Roof Work; except in the case of emergency Roof Work, Work in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion of the Rooftop Equipment, Dish at Tenant's cost and expense or Tenant’s 's installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such Roof Work is due solely to Tenant’s Rooftop Equipment. All Roof Work will be performed in such a manner as to refrain from interference or disturbance with Tenant’s use of the Leased Premises (other than the potential disruption of use of Rooftop Equipment as described in this paragraph). Moreover, if a temporary relocation of the Rooftop Equipment Dish is required to accommodate the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that Dish which will not impede the Roof Work. Notwithstanding the foregoing, Landlord does not warrant and represent that in all circumstances that an alternative location will be available, available and, consequently, Landlord’s 's obligation to provide such alternative location is subject to the availability of such space. Under space and under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocation, relocation including, but not limited to, loss of business income or opportunity. Notwithstanding the foregoing, Tenant shall move the Rooftop Equipment Dish back to its original location after the Roof Work is completed unless the parties agree to utilize the relocated area permanently.. Exhibit “D”

Roof Work. If, during In the Lease Term, Landlord needs to perform maintenance work to Landlord’s equipment on the roof event any portion of the Building or repair or replace Tenant Improvements are to be performed on the roof of the Building (“Roof Work”), Tenant agrees must first obtain Landlord shall written approval of such Roof Work and the proposed manner of such Roof Work, which shall not be unreasonably withheld. The installation of any Roof Work shall be performed by Landlord’s designated contractor(s), and any Roof Work related to cooperate and work with Landlord (roof penetration or patching of the roof shall be undertaken only by Landlord’s designated roofing contractor, all at Tenant’s sole cost and expense expense. Tenant shall not do or permit anything which would void any warranty of the roof. Tenant shall not be permitted to have access to the extent such Roof Work is due solely to Tenant’s Rooftop Equipment, but otherwise at Landlord’s cost and expense as an Operating Expense) to achieve said Roof Work. Landlord agrees to provide at least thirty (30) days’ prior written notice to Tenant of Landlord’s intention to perform said work; except in the case of emergency Roof Work, in which case Landlord shall give as much notice as possible under the circumstances. Such Roof Work may require the relocation of any portion roof of the Rooftop EquipmentBuilding without a representative of Landlord present. Tenant shall also be responsible, or at Tenant’s installation of temporary equipment, in each case at Landlord’s sole cost and expense unless such expense, for the purchase, installation, maintenance, repair, replacement and removal of the Roof Work is due solely to and Tenant shall at all times, at Tenant’s Rooftop Equipmentsole cost and expense, maintain the Roof Work in good condition and repair utilizing Landlord’s designated contractor(s). If any utilities or services are required for the operation of the Roof Work , all such utilities and services shall be arranged by Tenant (subject to Landlord’s prior written approval thereof) and shall be at Tenant’s sole cost and expense. All costs and expenses of whatever nature under this Section 7 shall be borne by Tenant at it’s sole cost and expense. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely responsible for any and all damage caused (whether to person or property) by the Roof Work will be performed in such a manner as to refrain from interference or disturbance with and/or Tenant’s use installation, operation, service, maintenance or removal thereof. In the event any provisions of this Lease conflict with or are inconstant with any terms of this Lease, the terms of this Section shall control. LEASE EXHIBIT D CONFIRMATION OF COMMENCEMENT DATE [Date] [Tenant’s Name and Address] RE: [Describe lease, by title and date (the “Lease”); name Landlord and Tenant] Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Leased Premises (other than as defined in the potential disruption Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of use the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of Rooftop Equipment the Lease. Our records indicate the following information for the [Number of square feet comprising Premises] square feet of space: Commencement Date: ____________________ 200__ Base Rent Commencement Date: ____________________ 200__ Next Monthly Base Rent Due: ____________________ 200__ Operating Expense Commencement Date: ____________________ 200__ Lease Expiration Date: ____________________ 200__ Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this ___ day of __________________, 20____ [Name] Property Manager [Name of Tenant] By: ___________________________________ Title: ___________________________________ LEASE EXHIBIT E Broom Clean Condition and Repair Requirements Reasonable wear and tear excepted: · All lighting is to be placed into good working order. This includes replacement of bulbs, ballasts, and lenses as described needed. · All truck doors and dock levelers should be serviced and placed in this paragraphgood operating order (including, but not limited to, overhead door springs, rollers, tracks and motorized door operator). MoreoverThis would include the necessary (a) replacement of any dented truck door panels, if broken panels and cracked lumber, and (b) adjustment of door tension to insure proper operation. All door panels that are replaced shall be painted to match the building standard. · All structural steel columns in the warehouse and office should be inspected for damage, and must be repaired. Repairs of this nature shall be pre-approved by the Landlord prior to implementation. · HVAC system shall be in good working order, including the necessary replacement of any parts to return the unit to a temporary relocation well-maintained condition. This includes, but is not limited to, filters, thermostats, warehouse heaters and exhaust fans. Upon move-out, Landlord will have an exit inspection performed by a certified mechanical contractor to determine the condition of the Rooftop Equipment is required HVAC system. · All holes in the sheet rock walls shall be repaired prior to accommodate move-out. All walls shall be clean. · The carpets and vinyl tiles shall be in a clean condition and shall not have any holes or chips in them. Flooring shall be free of excessive dust, dirt, grease, oil and stains. Cracks in concrete and asphalt shall be acceptable as long as they are ordinary wear and tear, and are not the Roof Work, Landlord agrees to exercise commercially reasonable efforts to identify a technically feasible alternative location for the relocation portion of the Rooftop Equipment that will not impede the Roof Work. Notwithstanding the foregoing, Landlord does not warrant and represent that an alternative location will be available, and, consequently, Landlord’s obligation to provide such alternative location is subject to the availability of such space. Under no circumstances shall Landlord be liable to Tenant for any consequential damages as a result of such relocationmisuse. · Facilities shall be returned in a clean condition, including, but not limited to, loss the cleaning of business income the coffee bar, restroom areas, windows, and other portions of the Premises. · There shall be no protrusion of anchors from the warehouse floor and all holes shall be appropriately patched. If machinery/equipment is removed, the electrical lines shall be properly terminated at the nearest junction box. · All exterior windows with cracks or opportunitybreakage shall be replaced. Notwithstanding the foregoing, All windows shall be clean. · Tenant shall move provide keys for all locks on the Rooftop Equipment back Premises, including front doors, rear doors, and interior doors. · All mechanical and electrical systems shall be left in a safe condition that conforms to its original location after code. Bare wires and dangerous installations shall be corrected to Landlord’s reasonable satisfaction. · All plumbing fixtures shall be in good working order, including, but not limited to, the Roof Work is completed unless water heater. Faucets and toilets shall not leak. · All dock bumpers shall be left in place and well-secured. · Drop grid ceiling shall be free of excessive dust from lack of changing filters. No ceiling tiles may be missing or damaged. · All trash shall be removed from both inside and outside of the parties agree building. · All signs in front of building and on glass entry door and rear door shall be removed. LEASE EXHIBIT F Signage Plan [to utilize the relocated area permanently.be provided by Tenant] ADDENDUM 1 RENEWAL OPTION