Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain.

Tenant Repairs. (a) Except as otherwise set forth in for portions of the Premises that Landlord is required to maintain, repair and replace under Section 9.01(a), Section 9.01(b) or the other terms of this Lease, Tenantincluding, at its expensebut not limited to, work that is Landlord’s responsibility under any warranty set forth herein, Tenant shall promptly make perform all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be maintenance required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of keep the Premises in a reasonably good and clean condition and in working order and otherwise in compliance with the Incentive Agreements (including, but not limited to, interior walls, windows, Mechanical Systems, interior lighting, parking lot lights, parking areas, access drives, sidewalks, exterior utility lines and facilities, landscaping, storm water drainage, detention and/or retention facilities, and signage), excluding ordinary wear and tear, damage caused by fire, casualty or any wayTaking, and utility lines and facilities to be maintained by any utility company. In addition, Tenant shall repair be responsible for (i) performing normal preventative maintenance to the roof of the Building substantially in accordance with the applicable manufacturer’s preventive maintenance requirements for said roof that are furnished to Tenant pursuant to Section 9.03, and (ii) necessary maintenance and repairs to the roof membrane and related insulation above the roof deck from and after the start of the second (2nd) Extension Period assuming Tenant exercises the second Extension Option. All repairs and maintenance that are Tenant’s responsibility under this Lease shall be completed in a good and workmanlike manner and in compliance with all Applicable Laws. If any repairs, maintenance or replace, subject to Landlord’s direction and supervision, any replacements are required as a result of damage to the Site Premises caused by TenantLandlord or its Affiliates, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractorsemployees, employees contractors or representatives, excluding ordinary wear and invitees, except tear and damage that is subject to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Leasewaiver set forth in Section 11.04, then the cost of such unit Landlord shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs third party actual, verifiable and reasonable cost of such HVAC unit upon repairs, maintenance or replacements, within sixty (60) days of Landlord’s receipt of a written demand for the date same from Tenant, accompanied by reliable evidence of termination. If Tenant fails to perform any repair or replacement the costs for which it reimbursement is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainsought.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.02 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation all repairs plate glass, lighting and replacements of every kind other fixtures and natureequipment inside the Premises whether or not they were initially installed at Landlord's expense, whether foreseen or unforeseenand any HVAC, which may be required to be made upon or in connection with electrical and mechanical systems that service the Premises, so as to keep them in good operating condition and Landlord shall not be required in compliance with the requirements from time to make any repairtime of all governmental authorities having jurisdiction. All repairs, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, maintenance and/or replacements made by Tenant shall repair or replace, be subject to Landlord’s direction 's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and supervision, any damage class to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, original work and/or fixtures and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlordequipment. In the event that Tenant is required fails to replace make any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Termsnecessary repairs, Landlord shallshall have the right, upon the termination of this Leaseat its option, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails after providing written notice to Tenant, to perform on behalf of Tenant any repair or replacement for which it is responsible approved by Landlord and one hundred five percent (105%) of the reasonable cost and expense incurred shall be due within thirty (30) days after receipt of written notice from demand. Landlord and Tenant agree that the Landlord will obtain a reasonable and customary maintenance, repair and service contract on the HVAC system serving the Premises, the cost of which shall be billed to do soTenant and shall be deemed to be Additional Rent. The parties agree that, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject notwithstanding any provision of this Lease to the Restoration contrary, Tenant's obligation to pay for the maintenance, repair and Condemnation Paragraphsreplacement of the Building-standard systems (which includes the HVAC, sprinkler, electrical and any other applicable provisions of this Lease, Tenant plumbing systems) serving the Premises shall bear be limited to: (i) the full cost of any repair or replacement maintaining and making minor repairs to any part the Building-standard systems serving the Premises; (ii) the cost of the Premises afore-mentioned service contract on the HVAC system; (iii) Tenant's Share of any such costs that results from damage caused by Tenant, its agents, contractors, are included in Operating Expenses; and (iv) the first $4,000.00 per year of the cost of major repairs or invitees and any repair that benefits only the cost of replacing such Building-standard systems serving the Premises. If any present or future improvements Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises are made or authorized to be made by Tenantanywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, its agents stored or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained maintained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request or the Project shall be at the sole risk of Landlord, Tenant, . Tenant agrees at its sole cost and expenseexpense to comply with all present and future laws regarding the collection, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoingsorting, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easementsseparation and recycling of waste products, licenses or similar rights as may be necessary to permit such encroachments to remaingarbage, refuse and trash.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a "material capital improvement" shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and aft such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system; Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, "major repairs or replacement of the HVAC system" shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof bill therefor.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.02 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all repairs interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and xxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of every kind all electrical, plumbing, interior and natureexterior heating, whether foreseen or unforeseenventilating, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other mechanical fixtures and building systems serving equipment inside the Premises whether or not they were initially installed at Landlord’s expense. All repairs, maintenance and/or replacements made by Tenant shall be maintained subject to Landlord’s prior written approval, which will not be unreasonably withheld provided that the same are at Tenant’s expense pursuant least equal in quality and class to maintenance service contracts entered into by Tenantthe original work and/or fixtures and equipment. The scope of services and contractors under such maintenance contracts Landlord shall be reasonably approved by Landlord. In have the event that Tenant is required to replace any HVAC unit during the term of this Leaseright, then the cost of such unit shall be amortized over at its useful life as determined in accordance with generally accepted accounting principlesoption, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform on behalf of Tenant any repair or replacement for which it is responsible approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days after receipt of written notice from Landlord demand. In furtherance of the above, Tenant, at its sole cost and expense, will obtain, and maintain throughout the Term, a quarterly maintenance, repair and service contract on the HVAC system serving the Premises (the “Service Contract”), said Service Contract to do so, Landlord may perform be on such work terms and with such company as shall be reimbursed approved by Tenant within Landlord. Within thirty (30) days after written demand thereforfollowing the Commencement Date, Tenant will provide Landlord with a copy of the above-referenced Service Contract. Subject During the Term Tenant will provide Landlord with copies of all annual renewals or replacements of the Service Contract prior to the Restoration expiration of the initial or then-current Service Contract. Such Service Contract must fully comply with the requirements set forth in this Section 4,01. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and Condemnation Paragraphsshall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Property shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash. The lighting, mechanical systems, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part HVAC system serving the Premises will be in good working order as of the Premises Commencement Date such that results from damage caused by TenantTenant can obtain a commercially reasonable Service Contract at a reasonable cost. In addition, its agentsduring the first (1’) year of the Term, contractors, Landlord shall make any repairs or invitees and any repair that benefits only the Premises. If any present or future improvements replacements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to HVAC system serving the Premises, which repairs and replacements are not necessitated by an act or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights omission of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as . Tenant shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding responsible for the foregoingreplacement of any HVAC systems, Tenant shall not as necessary, except that, if necessary, the Landlord will be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainresponsible for replacing the 7.5 ton tsetse unit installed in 1983.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after ten (10) days written notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant’s merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainxxxx therefor.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.03 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all repairs interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and sxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of every kind all interior electrical, interior plumbing, interior and natureexterior heating, whether foreseen or unforeseenventilating, which may be required to be made upon or in connection with and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition and Landlord shall not be required in compliance with the requirements from time to make any repairtime of all governmental authorities having jurisdiction, whether foreseen or unforeseen, or to maintain any of and lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expense. Landlord warrants that the HVAC system shall be in any waygood working order upon the Commencement Date. In additionAll repairs, maintenance and/or replacements made by Tenant shall repair or replace, be subject to Landlord’s direction 's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and supervision, any damage class to the Site caused by Tenantoriginal work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be performed at due within thirty (30) days of demand. In furtherance of the Tenant’s expense by contractors approved by Landlordabove, or at Landlord’s optionTenant will obtain a maintenance, by Landlord. Such repair and replacement obligation applies service contract on the HVAC system of the Premises, said contract to capital expenditures be on such terms and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under with such maintenance contracts company as shall be reasonably approved by Landlord. In Tenant shall promptly place all of its refuse in the event trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant is required to replace any HVAC unit during kept, stored or maintained in the term of this Lease, then Premises or the cost of such unit Project shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond at the term sole risk of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant. Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, agrees at its sole cost and expenseexpense to comply with all present and future laws regarding the collection, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoingsorting, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easementsseparation and recycling of waste products, licenses or similar rights as may be necessary to permit such encroachments to remaingarbage, refuse and trash.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a material capital improvement shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term repairs shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system- Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, major repairs or replacement of the HVAC system shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof bill therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its own cost and expense, shall promptly make all perform such maintenance, repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be as are required to be made upon or in connection with keep the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Leased Premises in any waygood condition. In addition, Tenant shall keep a log of maintenance work and shall only use third party vendors to provide maintenance that have been approve in advance by Landlord. Tenant, at its own cost expense, shall also repair or replace, subject to Landlord’s direction and supervision, replace any damage to all or any part of the Site Leased Premises and/or the Property, caused by any act or omission of Tenant or Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective 's agents, contractorsemployees, employees and invitees, except to the extent covered by insurance hereunderlicensees or visitors. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon At the termination of this Lease, reimburse by lapse of time or otherwise, Tenant for shall deliver the unamortized costs of such HVAC unit upon Leased Premises to Landlord in as good condition as existed at the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions Commencement Date of this Lease, ordinary wear and tear and damage by fire or other casualty excepted. Without limiting the foregoing, Tenant shall bear the full cost of be responsible all asbestos and or lead-based paint inspections, work practices, and disposal associated with any repair operations, repairs, maintenance, alterations and or replacement improvements subject to any part Title II of the Premises that results from damage caused by TenantToxic Substance Control Act, its agentsThe Asbestos Hazard Emergency Response Act (AHERA),the National Emission Standards for Hazardous Air Pollutants, contractorsOccupational Safety and Health Administration Asbestos and Lead standards, the USEPA Lead Renovation Rule and or invitees and any repair that benefits only the PremisesMecklenburg County Air Quality regulations. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as As soon as reasonably possible after written request of Landlordreceipt thereof, Tenantand in any event prior to commencing any inspections, at its cost and expense, shall take such action as shall be necessary to remove such encroachments work plans or end such violation or impairment. Notwithstanding the foregoingdisposals, Tenant shall not provide Landlord with copies of all related drawings, work plans, sampling results, and or permits. Landlord has provided Tenant with copies of its most current asbestos AHERA inspection data. Tenant shall contract such services from others qualified to provide said services. Additionally, if the subject facility has existing playground(s) the Tenant will either accept responsibility for year-round maintenance of the playground(s) or the playgrounds will be required removed by the Landlord prior to remove any occupancy. Maintenance shall comply with the Consumer Product Safety Commission Publication Number 325 Handbook for Public Playground Safety, the ASTM Standard 1487 Safety Performance Specification for Playground Equipment for Public Use, and if applicable North Carolina Administrative Code Title 10A Chapter 9 Section .0605 and North Carolina Administrative Code Title 10A Chapter 41C Section .0900. Tenant shall contract such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary services from others qualified to permit such encroachments to remainprovide said services.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe and sanitary condition in compliance with all applicable laws, codes, ordinances, rules and regulations, except as may otherwise be provided in Sections 5.1 and 5.2 hereof. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt and rubbish. Tenant acknowledges that Tenant may, but shall not be obligated to, from time to time, remove ice and/or snow from the entry areas serving the Premises, to supplement the snow and ice removal to be provided by Landlord pursuant to Section 5.1. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of xxxx therefor. Landlord warrants the full cost of any repair or replacement to any part condition of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only HVAC equipment during the Premises. If any present or future improvements to first year of the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainlease term.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with times throughout the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term Term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and good condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures that solely serve the Premises and equipment, fixtures, motors and machinery solely serving the Premises, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principlesquality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, as reasonably determined by Landlordfree of accumulation of dirt, rubbish, snow and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of terminationice. If Tenant fails fails, refuses or neglects to perform any maintain or repair or replacement for which it is responsible within the Premises as required in this Lease after no less than thirty (30) days after receipt of written notice from Landlord to do soshall have been given Tenant, in accordance with this Lease, Landlord may perform make such work and be reimbursed repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by Tenant within thirty (30) days after written demand therefor. Subject reason thereof, except for Landlord’s gross negligence or willful misconduct to the Restoration and Condemnation Paragraphsextent affected by Section 7.4 below, and any other applicable provisions of this Lease, upon completion thereof Tenant shall bear the full cost pay to Landlord all costs plus five percent (5%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainxxxx therefor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Except as provided in Section 5.1 above, Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include, if applicable, replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant and provided such failure shall continue beyond any applicable cure period, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainxxxx therefor.

Tenant Repairs. Except as otherwise set forth in this Leasefor those items for which Landlord is responsible by virtue of Section 4.03 below, TenantTenant shall, at its own cost and expense, shall promptly make clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all repairs interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and xxxxx; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of every kind all electrical, plumbing, interior and natureexterior heating, ventilating, and air conditioning equipment and systems that exclusively serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether foreseen or unforeseennot they were initially installed at Landlord’s expense. All repairs, which may maintenance and/or replacements made by Tenant shall be at least equal in quality and class to the original work and/or fixtures and equipment. All repairs, maintenance and/or replacements made by Tenant that impact the roof or any structural elements of the Building must be approved by Landlord prior to any work being commenced. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement required to be made upon done by Tenant that will impact the roof, the Building structure or in connection with that may impact the value of the Building and one hundred five percent (105%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain, and maintain throughout the Term, a quarterly maintenance, repair and service contract on the HVAC system serving the Premises, said contract to be on such terms and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under with such maintenance contracts company as shall be reasonably approved by Landlord. In The service contract shall include all services recommended by the event equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty days following the Commencement Date. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant is required to replace any HVAC unit during kept, stored or maintained in the term of this Lease, then Premises or the cost of such unit Project shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond at the term sole risk of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant. Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, agrees at its sole cost and expenseexpense to comply with all present and future laws regarding the collection, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentsorting, separation and recycling of waste products, garbage, refuse and trash. Notwithstanding the foregoing, Tenant shall not as of the Commencement Date, Landlord represents and warrants that the HVAC system serving the Premises will be required to remove any such encroachments if Tenant has or obtains such easementsin good operating condition, licenses or similar rights as may be necessary to permit such encroachments to remainevidenced by a certificate of inspection provided by Landlord’s HVAC contractor.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Landlord shall install new replacement heating, ventilation and air conditioning equipment and shall assign all warranties to Tenant. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and locks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as determined required in this Lease after notice shall have been given Tenant, in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Landlord may make such repairs without liability to Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails any loss or damage that may accrue to perform any repair Tenant's merchandise, fixtures or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord other property or to do so, Landlord may perform such work and be reimbursed Tenant's business by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphsreason thereof, and any other applicable provisions of this Leaseupon completion thereof, Tenant shall bear the full cost pay to Landlord all costs plus ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, Tenant shall not be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainbill xxxrefor.

Tenant Repairs. Except as otherwise set forth in this Lease, Tenant, at its sole cost and expense, shall promptly make will be responsible for all repairs, maintenance and replacements to the Leased Premises, including without limitation the Building, the Parking Garage and the Property and further including without limitation any structural repairs, the roof and the foundation (collectively all such maintenance, repairs and replacements of every kind and naturereplacements, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees“Repairs”), except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during the term of this Lease, then the cost of such unit shall be amortized over its useful life as determined in accordance with generally accepted accounting principles, as reasonably determined by Landlord, and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, gross negligence or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenantwillful misconduct of Landlord, its agents or employees. Landlord and Tenant acknowledge and agree that Tenant’s obligations and responsibilities for Repairs includes without limitation (i) any and all pre-existing conditions and past problems at the Leased Premises, (ii) all structural issues, construction defects, improper drainage issues and any and all other conditions of the Leased Premises, and such improvements shall encroach upon any (iii) those matters more particularly set forth on Exhibit C, attached hereto and by this reference incorporated herein. Tenant will be responsible for all repairs, maintenance and replacements of Tenant’s personal property and betterments and Tenant’s fixtures installed or street adjacent to located in the Leased Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant. Tenant will, at its Tenant’s sole cost and expense, shall take such action maintain the Leased Premises in good order, condition and repair, including, without limitation, all ceilings, walls and floors, all doors and plate glass windows, furnishings installed within or on the Leased Premises, and all equipment installed by or at the expense of Tenant or Landlord, all elevators, plumbing, heating, ventilating, electrical and lighting facilities and fixtures, all landscaping, parking lots, fences and signs located within or on the Leased Premises and all signs of Tenant located on the Common Areas, and all structural components of the Leased Premises, the foundations, all parking lots and garages, and the roof of the Building and the Parking Garage and other improvements, normal wear and tear and damage by insured casualty or condemnation excepted. Tenant understands and acknowledges that except as shall expressly provided in Paragraph 14.D below (a) Tenant is absolutely and solely responsible for all maintenance, repair and replacements to the Leased Premises, including without limitation all components thereof (including without limitation the Building and the Parking Garage and other improvements), and (b) this Lease is a net lease to Landlord and Landlord has no maintenance, repair, restoration, alteration or reconstruction obligations hereunder in any way whatsoever, except as expressly set forth and allocated to Landlord in this Lease. Any Repairs that (i) affect any Building systems (including without limitation, electrical, gas, plumbing, HVAC and elevators) (“Building Systems”), the roof of the Building or the Parking Garage, the foundation of the Building or the Parking Garage or are structural in nature or (ii) cost $250,000 or more in any one instance or in a series of instances related to the same Repair can only be necessary to remove such encroachments or end such violation or impairment. Notwithstanding made after first receiving the foregoingprior written consent of Landlord, and Tenant shall not be required to remove will immediately notify Landlord of any such encroachments if Tenant has matter, which consent will be granted or obtains such easementswithheld in Landlord’s reasonable discretion, licenses or similar rights as and which consent may be conditioned upon such requirements as Landlord may deem necessary in its reasonable discretion, including without limitation the insurance carried by such contractor. The Leased Premises will at all times be maintained and all Repairs will at all times be equal to permit such encroachments or better than the Building Standard. All Repairs made to remainthe Leased Premises by Tenant will become the property of Landlord.

Tenant Repairs. Except as otherwise set forth in this Lease, TenantTenant shall, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises, and Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. In addition, Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Site caused by Tenant, any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant, and any of their respective agents, contractors, employees and invitees, except to the extent covered by insurance hereunder. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, or at Landlord’s option, by Landlord. Such repair and replacement obligation applies to capital expenditures and repairs whose benefit may extend beyond the Lease Term. Heating, ventilation and air conditioning (“HVAC”) systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. In the event that Tenant is required to replace any HVAC unit during times throughout the term of this Lease, then including renewals and extensions, and at its sole expense, keep and maintain the cost Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, provided that Tenant shall not be obligated to make any material capital improvements required by such laws, ordinances, orders, rules and regulations, (nor shall Landlord have such obligation). For purposes of this clause, a "material capital improvement" shall mean any capital improvement or series of capital improvements within any calendar year, costing in excess of $1,500.00. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such unit repairs made by the Tenant shall be amortized over its useful life as determined equal in accordance with generally accepted accounting principles, as reasonably determined by Landlord, quality and if such useful life extends beyond the term of this Lease and all Extension Terms, Landlord shall, upon the termination of this Lease, reimburse Tenant for the unamortized costs of such HVAC unit upon the date of termination. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after receipt of written notice from Landlord to do so, Landlord may perform such work and be reimbursed by Tenant within thirty (30) days after written demand therefor. Subject class to the Restoration and Condemnation Paragraphs, and any other applicable provisions of this Lease, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then as soon as reasonably possible after written request of Landlord, Tenant, at its cost and expense, shall take such action as shall be necessary to remove such encroachments or end such violation or impairmentoriginal work. Notwithstanding the foregoing, Tenant shall not be responsible for major non-recurring repairs of or replacements to the HVAC system, except where caused by Tenant's failure to properly utilize, maintain and secure said system; Tenant, however, shall pay the amortization (utilizing the amortization method for capital expenditures described in Section 2.3) of the costs of such major repairs or replacements performed after the five (5) year anniversary of the Commencement Date. For purposes of this paragraph, "major repairs or replacement of the HVAC system" shall mean expenditures for major repairs to or replacement of compressors or exchangers. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to remove Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making such encroachments if repairs upon presentation to Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remainof xxxx therefor.