Common use of TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS Clause in Contracts

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall keep and maintain the Premises in a good and clean condition at all times during the Term of this Lease, at Tenant’s its sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and Tenant shall perform all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and perform all repairs to all portions of on the Premises, and shall replace such portions of the Premises as may be necessary to maintain the Premises and all exterior entrances parts of the Premises in good condition, order, and repair. Janitorial services to the PremisesPremises shall be obtained by Tenant, at Tenant's sole expense. Tenant shall, at Tenant's sole expense, maintain all glasshot water, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipmentheating, and fire extinguisher equipment air conditioning systems for the Premises; provided, however, that if Landlord deems that Tenant is not adequately maintaining such systems, Landlord may require Tenant to enter into a regularly-scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating, and life safety and other air conditioning systems to the extent located within the Premises. As part of its Any such maintenance obligations hereunder, Tenant shall, at contractor and the contract must be approved by Landlord’s request, provide Landlord with copies of . Any such service contract must include all services suggested by the applicable equipment manufacturer within the operation/maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original workmanual, and must become effective (and a photocopy of said contract delivered to Landlord) within 30 days of the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of date Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part takes possession of the Premises. Tenant shall pay for the cost expressly covenants and warrants to keep that portion of all repairs to the Premises not required to be made maintained by Landlord in good order, condition, and shall be responsible for repair, promptly making all necessary repairs and replacements, including, but not limited to, windows, glass, plate glass, doors, any redecoratingspecial office entry, remodelinginterior walls and finish work, alterationfloors and floor covering, painting heating and carpet cleaning other than routine vacuuming air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, pest extermination. In addition, Tenant shall, at Tenant's sole expense, repair any damage to the Project caused by the acts or omissions of Tenant, its employees, contractors, agents, or invitees. It is the intention of Landlord and Tenant that, at all times during the Term, Tenant shall maintain the area in front of and in the rear of the Premises in an attractive, well-maintained, and fully operative condition. Tenant shall not permit maintain, at Tenant's sole cost and expense, any existing fire sprinkler system within the Premises in accordance with all applicable federal, state, county, or authorize any person to go onto city regulations. In addition, Tenant shall, within 90 days following the roof Commencement Date, and at Tenant's sole cost and expense, install and maintain such additional fire sprinkler equipment in the Premises as may be required for Tenant's Use by applicable state or local building regulation, municipal ordinance, or regulation of the Building without local fire xxxxxxxx having jurisdiction over the prior Premises. In the event Tenant fails to maintain the Premises in accordance with the Lease, Landlord shall have the right, but not the obligation, to enter upon the Premises and perform needed maintenance and repairs, and, in such event, Tenant shall promptly reimburse Landlord for the cost of such entry, repairs, and maintenance, which reimbursement shall be collectible as Additional Rent. Any such Additional Rent shall be payable to Landlord within 30 days after receipt by Tenant of written consent of invoice and notice from Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premisesentrances, all glass, windows, window casements, show window moldings, partitions, doors, doorjambsdoor jambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilingscallings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premisessystems. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s 's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation)right, upon Notice notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Leaseshall, at Tenant’s sole cost and expense, cleanmaintain the Subleased Premises and the FF&E (a) in as good and clean order, keepcondition, maintainand repair as exists as of the Commencement Date, with the exception of any reasonable wear and tear, (b) in compliance with all Law applicable to the Subleased Premises and Tenant’s use and occupancy of the Subleased Premises, subject to the provisions of Section 5.1, and (c) in compliance with all repair and make maintenance obligations with respect to the Subleased Premises that are required to be performed by Sublessor as tenant under the Lease. Without derogating from the generality of the foregoing, Tenant shall keep the Subleased Premises in a reasonably clean condition, subject to any cleaning, janitorial, and trash removal services that may be provided by Landlord under the Lease. Tenant shall make, at Tenant’s sole cost and expense, all such repairs and replacements to the Subleased Premises necessary improvements to, to maintain the Subleased Premises and every portion thereof and all improvements therein or thereto, in such good and sanitary order clean order, condition, and condition to the reasonable satisfaction of Landlord repair, and in compliance with all Applicable Lawsapplicable Law, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above 5.1. Tenant shall apply also be responsible for repairing any damage to all such repairs. the Subleased Premises, and the costs associated with repairing any damage to any other part of the Property, caused by either Tenant’s obligation failure to repair includes comply with the obligation terms of this Agreement, or the negligence or willful misconduct of Tenant or Tenant’s employees, officers, agents, contractors, consultants, subtenants, or invitees. All such repairs shall be performed in a good and workmanlike manner, and shall be of at least equal quality and class as the original work. In the event that Tenant fails to replacepromptly make such repairs in accordance with the terms of this Agreement, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord then Sublessor shall have the right (right, but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, perform such as sprinkler systems and alarmsrepairs on Tenant’s behalf, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay reimburse Sublessor for the cost such costs and expenses, plus ten percent (10%) of all repairs to the Premises not required to be made by Landlord such costs and shall be responsible expenses for any redecoratingSublessor’s overhead, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlordwithin thirty (30) days after receiving an invoice from Sublessor.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. During the Term, but subject to Articles 9 and 12 below, Tenant shall at all times during the Term of this Leaseshall, at Tenant’s 's sole cost and expense, clean, keep, diligently maintain, repair and make necessary improvements toreplace (as necessary) in good order, condition and repair, all aspects of the Premises, regardless of the cost thereof and the time remaining in the Term and whether capital or non-capital, except for obsolescence and ordinary wear and tear, and unless and to the extent included in Landlord's obligations under this Lease, including, without limitation, Paragraphs 5.3, 7.2, 7.3, 9.1 and 12.4 of this Lease (collectively, "LANDLORD'S MAINTENANCE OBLIGATIONS"). Such obligations of Tenant shall include (subject to Landlord's Maintenance Obligations), without limitation, all equipment or facilities serving the Premises, including, mechanical, plumbing, heating, air conditioning, ventilating and electrical systems (collectively, the "SYSTEMS"), lighting facilities, interior demising walls, the roof membrane of the Building (but not the structural components of the roof, and Tenant's repair obligations shall not include the replacement of the roof or roof membrane or any part thereof), windows, doors, plate glass, driveways, parking areas, landscaping, fences, walls, Signs, sidewalks and parkways located in, on or at the Premises. In addition, Tenant shall maintain the painting of and repaint the exterior walls of the Building as and when reasonably necessary. Notwithstanding the foregoing provisions of this Paragraph 7.1 to the contrary, to the extent any damage to the Premises and every portion thereof and is caused by the negligence or willful misconduct of Landlord or any of Landlord's agents, contractors, employees, licensees or invitees, Landlord shall be solely responsible, at its expense, for repairing such damage with all improvements therein or theretodue diligence, in good and sanitary order and condition to the reasonable satisfaction of Landlord and workmanlike manner, in BIG 5 WAREHOUSE RIVERSIDE, CALIFORNIA compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject Applxxxxxx Xxxx xxx xx x xxxxxx xxxxx xxxx xxx unreasonably interfere with Tenant's access to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions use of the Premises; if Landlord fails to diligently complete such repairs, and all exterior entrances or if such repairs are of an emergency nature which if not attended to may result in bodily injury or property damage or material interference with or interruption of Tenant's business operations at the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipmentTenant may perform such repairs as provided in Paragraph 7.2 below, and fire extinguisher equipment and life safety and other systems to Landlord shall reimburse Tenant for the extent located reasonable out-of-pocket costs incurred by Tenant in performing such repairs within the Premisesthirty (30) days after Landlord's receipt of invoices therefor. As Landlord agrees that Landlord will, as part of its maintenance obligations hereunderthe cost of the Landlord's Work, obtain for the benefit of both Landlord and Tenant shall(i) standard manufacturers' warranties for components of Landlord's Work, and (ii) warranties against defective construction, workmanship and materials from the contractors performing the Landlord's Work covering all of Landlord's Work for a period of at least one (1) year from the date of full completion of the Landlord’s request's Work, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements except that with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building Building, Landlord shall obtain for the benefit of both Landlord and Tenant, as part of the cost of the Building/Site Work to be paid for by Landlord from Landlord's own funds, from the subcontractor who installs the roof, a "NO DOLLAR LIMIT" warranty without proration against defective construction, workmanship and materials of the prior written consent roof, covering all materials and labor for a period of at least fifteen (15) years following the date of full completion of the Landlord's Work. Landlord hereby assigns to Tenant all of its rights to such warranties and all other warranties it may now or hereafter have covering those portions of the Premises which Tenant is responsible to maintain, repair and/or replace, and Landlord shall provide Tenant such good faith cooperation as is reasonably necessary to permit enforcement of such warranties by Tenant.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease12.2.1 Except as otherwise provided in Section 12.1, and Sections 14 and 15, Tenant, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, shall at all times maintain the Premises and every portion part thereof and all improvements therein or theretoin clean condition, in good order, condition and sanitary order and condition to the reasonable satisfaction of Landlord repair, and in compliance with all Applicable Laws, usual wear and tear excepted. The performance including without limitation ADA, whether or not the need for such cleaning, maintenance or repairs occurs as a result of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall includepresent or prior use, but are not limited to, all necessary maintenance and repairs to all portions the elements or the age of the Premises, or otherwise, including, without limitation, lighting facilities and all equipment, fixtures, non-structural aspects of the columns, partitions, interior and exterior entrances to entrances, non-structural aspects of the Premisesinterior walls, ceilings, floors, floor coverings, interior and exterior windows, all glass, windowswindow trims and frames, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting sanitary facilities and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent closing devices located within the Premises, or exclusively servicing the Premises and located within the walls, floors or ceilings demising the Premises. As part With respect to items located within walls, floors or ceilings, Landlord grants to Tenant a temporary license to make repairs therein, provided: (a) Tenant gives not less than two (2) business days’ written notice of its maintenance obligations hereunderneed to access such areas, the nature of the work to be done and the Person(s) (as defined in Section 32.4) retained to do such work; and (b) the Person(s) designated to do such work is/are reasonably acceptable to Landlord; except in emergency situations requiring immediate repair, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, immediately access such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a wholearea, in which case Tenant shall utilize its best efforts to provide the information specified above to Landlord as promptly as possible and, in any event, within one (1) day thereafter. Notwithstanding anything in this Section 12.2.1 to the contrary, in no event the cost thereof shall Tenant be included as part of Project Costs and paid by Tenant permitted to take any action which would result in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part disruption of the Premises. Tenant shall pay for the cost delivery of all repairs utilities to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof tenant of the Building without Landlord’s consent which, in all cases other than an emergency, shall only be effective if in writing. Tenant shall indemnify, defend and hold Landlord and the prior written consent Landlord Parties (as defined in Section 18.1) harmless from any and all Claims of Landlordany kind or nature arising from or related to this Section 12.2.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. (a) IMPROVEMENTS; ALTERATIONS. Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord (and if required under the terms of the Ground Lease, by Ground Lessor), which approval by Landlord shall be governed by the provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent (and if required under the terms of the Ground Lease, by Ground Lessor), which shall not be unreasonably withheld or delayed by Landlord; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), or (2) the exterior appearance of the Building. Tenant shall at all times during not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the Term of this Lease, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration exterior of the Premises shall not be deemed usual wear and tear if except as permitted under the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions terms of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the TermGround Lease. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay not be required to obtain Landlord's consent for the cost of all repairs tenant improvements, alterations or physical additions to the Premises not required to be made by Landlord and shall be responsible for which total less than $200,000 in any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. single instance or series of related alterations performed within a six-month period (provided that Tenant shall not permit perform any improvements, alterations or authorize any person additions to go onto the roof Premises in stages as a means to subvert this provision), in each case provided that (A) if required under the terms of the Building without Ground Lease, Tenant obtains the prior written consent of Ground Lessor, (B) Tenant delivers to Landlord written notice thereof, a list of contractors and the major trade subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (C) the installation thereof does not involve any core drilling or the configuration or location of any exterior or load-bearing interior walls of the Building, and (D) such alterations, additions and improvements will not affect (i) the Building's Structure or the Building's Systems, or (ii) the appearance of the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's consent to or approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities (to the extent located in the Premises), interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Subject to Section 9.1, Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all interior glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, lighting switches, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation)right, upon Notice notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs Operating Expenses and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall Landlord agrees to be subject to the requirements of Section 22.1 belowreasonable in enforcing Tenant's repair obligations. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited toto interior pest control, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premisesentrances, all interior glass, interior windows, including interior window casements, casements and interior show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, tenant signage, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety systems, and other systems all repairs to the extent located within the PremisesSpecialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s 's request, provide permit Landlord with to inspect copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs Repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Any special or above- standard heating, ventilating and air conditioning installed by, on behalf of, or at the request of Tenant ("Specialized HVAC"), shall be paid for and maintained by Tenant at Tenant's sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation)right, upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, Specialized HVAC and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at its sole expense and all times during throughout the Term term of this Lease, at Tenant’s sole cost including renewals and expenseextensions thereof, keep and maintain the Premises in a clean, keepsafe, maintain, repair sanitary and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and first class condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Lawsapplicable laws, usual codes, ordinances, rules and regulations, subject to Section 11.C. and reasonable wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear tear, casualty damage, and tear if the same could have been prevented by good maintenance practices by TenantLandlord's repair obligations. Tenant’s repair and maintenance 's obligations herein hereunder shall include, but are not be limited to, the maintenance (including, without limitation, regular and preventative maintenance), repair and replacement, if necessary, of the heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures (including trade fixtures), motors and machinery, all necessary maintenance interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors, docks, lifts, dock levelers, and dock shelters and the replacement of all broken glass, to the extent such items exclusively serve the Premises. When used in this provision, the term "repair" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Upon completion of the Landlord Improvements (defined in Section 12.D. herein), Landlord agrees to assign to Tenant all warranties made available to Landlord that pertain to items to be maintained by Tenant during the Lease term. Tenant shall keep and maintain all portions of the PremisesPremises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. At the written request of Landlord, Tenant shall provide to Landlord written proof substantiating Tenant's performance of any maintenance, repair or replacement required under the terms hereof. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after Landlord notifies Tenant to do so, and all exterior entrances Tenant fails to complete within thirty (30) days thereafter (or such reasonable amount of time if the Premisescure is of such nature that it cannot be completed within thirty (30) days), all glassLandlord may make such repairs, windowswithout liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipmenttrade fixtures or other property or to Tenant's business by reason thereof, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunderupon completion thereof, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay to Landlord all costs incurred by Landlord in making such repairs within fifteen (15) days after Landlord delivers to Tenant an invoice for such costs. If, during the last twenty-four (24) months of the option term (if applicable), any heating, ventilation and air conditioning unit or unit heater shall need replacement (for purposes of this provision, a heating, air conditioning and ventilation unit or unit heater in need of replacement shall be defined as a malfunctioning unit requiring repairs in an amount in excess of the current value of the unit), then Landlord shall pay the cost of all repairs to the Premises not required to be made by Landlord replacement, and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof pay Landlord yearly as additional rent , one-tenth of the Building without cost of the prior written consent unit for the earlier of Landlordthe remaining term of the Lease and extensions thereto, or ten (10) years from the date of replacement.,

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s 's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises Building and every portion part thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises Building shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the PremisesBuilding, and all exterior entrances to the Premisesentrances, all glass, windows, window casementseasements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety systems, and other systems all repairs to the extent located within the PremisesHVAC and any Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s 's request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding ; provided however, if the foregoingreplacement in question is of a capital nature, the cost therefor shall be amortized over its useful life and, in the event such useful life extends beyond the expiration _____ sooner termination of the Lease (including any extensions of the Term), Landlord shall have reimburse Tenant for the right (but not unamortized portion thereof promptly following the obligation), upon Notice to Tenant, to undertake expiration or sooner termination of the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Lease. All replacements by Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation subject to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.'s prior

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Inasmuch as Tenant ----------------------------------------------- will ultimately occupy 100% of the Building, Tenant shall at all times during the Term of this Leasebe responsible, at Tenant’s its sole cost and expense, cleanfor keeping, and hereby covenants that it shall keep, maintainthe Building and the Property, repair including, without limitation, all parking areas and make necessary improvements tolandscaped areas located on the Property (but excluding the initial installation of the landscaping on the Property around the Building which Landlord hereby agrees to install at its sole cost and expense), the Premises exterior portions of the Building (excluding structural portions of the Building, structural portions of the roof and every portion thereof the concrete slabs as set forth above), the non-structural portions of the roof, all electrical systems, plumbing systems and roof top heating venting and air conditioning equipment, the doors, the windows, the corridors and all improvements therein other structures or theretoequipment serving the Building and the Property, in good order, condition and sanitary order repair. In connection with all such maintenance, Tenant may enter into: (i) a landscape maintenance contract with a reputable service company, (ii) an HVAC service and condition maintenance contract with a reputable service company, (iii) contracts for the cleaning of exterior windows in the Building, and (iv) contracts for sweeping of and removal of snow from sidewalks and parking areas adjacent to the reasonable satisfaction of Landlord Building and in compliance with all Applicable Laws, usual wear on the Property. In addition to maintenance and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration repair of the Premises shall not be deemed usual wear Building and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunderProperty, Tenant shall, at Landlord’s requestits sole cost and expense, provide Landlord maintain, replace, repair and keep all parts of the interior of the Leased Premises (including but not limited to interior wall surfaces, doors, door hardware, interior plumbing fixtures, electrical wiring and equipment, and mechanical equipment within the Leased Premises,, specialty equipment made available to Tenant) in good order, operating condition and repair. Tenant shall also keep the Leased Premises in a clean, sanitary and safe condition in accordance with copies all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies having jurisdiction, and shall dispose of all maintenance schedules, reports normal trash and notices prepared by, for, or waste materials in outside trash containers and make appropriate arrangements with trash cartage services to have such outside containers dumped on behalf a regular basis. Tenant agrees to comply with all Environmental Regulations governing the handling and disposal of Tenant. Landlord any approved Hazardous Materials that Tenant may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to use on the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Leased Premises. Tenant shall pay flatten all boxes for the cost dumping of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Termtrash. Tenant shall not permit comply with all requirements of laws, ordinances and other rules and regulations that affect the Leased Premises, and shall cause no injury to the Building or authorize Leased Premises. In addition, Tenant shall, at its own cost and expense, replace any person to go onto light bulbs, frames, ballasts, fixtures and accessory parts thereof on the roof Leased Premises that may be broken or damaged during the Lease Term. At the expiration of the Building without Lease Term, Tenant shall surrender the prior written consent of LandlordLeased Premises broom clean and in good order and condition, reasonable wear and tear excepted.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided in Section 6.7 (Common Area and Parking), ARTICLE 7 (Damage or Destruction), ARTICLE 8 (Condemnation), and the Construction Rider, Tenant shall at all times during the Term of this Leasekeep, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration portions of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall includeProperty (including, but are not limited to, all necessary maintenance interior, systems, mechanical systems, plumbing, lighting, electrical, equipment, and heating, ventilating and air conditioning systems) in good order, condition and repair and maintain same (including interior repainting and refinishing, and any changes, modifications, retrofitting or repairs to all portions any part of the PremisesProperty by changes to governmental laws, rules or regulations effective after the Commencement Date). All contractors used by Tenant, and all exterior entrances repairs and maintenance, are subject to Landlord’s review and approval, including the color and quality of any replacement items, wall or floor coverings, or paint. Landlord shall have the right, in Landlord’s discretion, to require Tenant to use contractors approved by Landlord. For purposes of this paragraph, references to governmental laws shall include all present and future laws, rules, orders, ordinances, regulations, statutes, requirements, conditional use permits, codes and executive orders of all governmental authorities, including, but not limited to, the Americans With Disabilities Act, and all rules, regulations and governmental orders in connection therewith, and any of the foregoing relating to Hazardous Material, environmental matters, public health and safety matters, any applicable fire rating bureau or other body exercising similar functions, and all requirements of all insurance bodies or Landlord’s insurance companies affecting the Property. Tenant (and not Landlord) shall be responsible for the repair, maintenance and remediation of the Property due to the Premisespresence of any molds in compliance, including all glassnotices thereunder, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher with the Toxic Mold Protection Act of 2001. If any portion of the Property or any system or equipment and life safety and other systems in the Property which Tenant is obligated to the extent located within the Premises. As part of its maintenance obligations hereunderrepair cannot be fully repaired or restored, Tenant shall, at Landlord’s request, provide Landlord with copies shall promptly replace such portion of all maintenance schedules, reports and notices prepared by, for, the Property or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal system or equipment in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessaryProperty, regardless of whether the benefit of such replacement extends beyond the Lease Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or If any improvement on or part of the Premises. Property or the Project is damaged by any act or omission of Tenant, Tenant shall pay for Landlord the cost of all repairs repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the Premises not required to be made by Landlord and cost of maintaining or repairing such property under any other provision of this Lease. All portions of the Property shall be responsible for any redecorating, remodeling, alteration, painting maintained by the Tenant so that it remains in a first class condition and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof replace such portions of the Building without the prior written consent of LandlordProperty where necessary.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Except as otherwise provided, Tenant shall at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises Building and every portion part thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s 's repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the PremisesBuilding, and all exterior entrances to the Premisesentrances, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety systems, the roof of the Building, all HVAC equipment, and other systems all repairs to the extent located within the PremisesSpecialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s 's request, provide Landlord with copies of all maintenance schedulesschedules regarding the maintenance of the Building, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s 's obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation)subject, upon Notice to Tenanthowever, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord.following: So long as:

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition Subject to the reasonable satisfaction provisions of Landlord Articles 16 and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder17, Tenant shall, at Landlord’s requestits sole expense throughout the term: (1) maintain in good order and repair the interior of the Premises; (2) maintain and repair when necessary all windows and doors (including glass), provide Landlord with copies of all maintenance schedules, reports both interior and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original workexterior, and all building service equipment in the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replacePremises, as necessaryincluding, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not limited to, electrical, plumbing, heating, air conditioning, sprinkler equipment, pipes, separate water meters, wires, ducts, fixtures, and appliances; (3) keep the obligation)Premises in a safe, upon Notice to Tenantclean, to undertake and sanitary condition; (4) provide for the responsibility removal of trash and rubbish; and (5) surrender the Premises and all Tenant improvements at the end of the term in as good condition as first received, except for ordinary wear and use and those items of maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid expressly undertaken by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the TermLandlord. Tenant shall not permit use vehicles in the Building or authorize any person to go onto loading platform, unless they are equipped with nylon or rubber-surfaced wheels or tires. No metal cleat inserts or chains shall be permitted. Tenant shall, at its sole expense throughout the roof term, carry and maintain a preventive maintenance service contract from a qualified service company, approved in advance by Landlord, covering the heating, ventilating, and air conditioning systems of the Building without Premises, if any. Tenant shall maintain all systems in a good condition during the term of this Lease and any renewal term and shall be responsible, at its sole expense, for all necessary repairs and replacements regardless of whether or not they are covered by the maintenance contract or which are necessitated by Tenant's failure to carry a maintenance contract. Tenant shall submit a copy of the proposed maintenance contract at least thirty (30) days prior written consent to the first to occur of the contract's commencement date or the Commencement Date of this Lease. Landlord shall notify tenant within ten (10) days of receipt whether the service company is approved and the contract is acceptable. Landlord will split replacement costs of HVAC equipment if it is determined to be needed due to the age of the equipment and not due to neglect or improper maintenance or lack thereof. Once the Landlord splits the cost of a given unit no further split of replacement cost will be borne by the Landlord.. Should the Tenant make changes in the building which will require additional HVAC equipment, Tenant will bear 100% of such costs. 9.02

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term Except for reasonable wear and tear and for Landlord Repairs specified in Section 4.2 of this Lease, at Tenant’s sole cost beginning on the Substantial Completion Date and expensecontinuing for the full Term of this Lease and any renewals or extensions, clean, keep, maintain, repair and make necessary improvements to, Tenant shall keep the Premises and every portion thereof and all improvements therein or thereto, in good condition and sanitary order repair, maintain the Premises, perform all needed repairs and condition replacements to the reasonable satisfaction of Landlord Premises, protect the Project from waste or damage and in compliance shall comply with all Applicable Laws, usual wear and tear exceptedapplicable Governmental Requirements (“Tenant Repairs”). The performance of such obligations Tenant shall promptly perform the Tenant Repairs. Tenant Repairs shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s requestreasonable direction and schedule, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs if provided by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the PremisesLandlord. Tenant shall pay for cause all contractors performing the cost Tenant Repairs to maintain insurance coverage, consistent with the requirements in the Work Letter. All Tenant Repairs shall be performed in accordance with all applicable Governmental Requirements and in a good and workmanlike manner so as not to alter the exterior appearance of all repairs to the Premises not required to Building, damage the Project, the Building's structure or the Building's HVAC or fire sprinkler systems. All such work which may affect the Building's structure or the Building's HVAC or fire sprinkler systems must be made approved by Landlord and shall be responsible for any redecoratingby the applicable Building's engineer of record, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Termat Tenant's reasonable expense (not to exceed $3,000). Tenant shall not permit or authorize any person to go onto All work affecting the roof of the Building without must be performed by the prior written consent original Building roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. Notwithstanding the above provisions, beginning on the Effective Date, Tenant shall use care not to damage the Project and Tenant shall be responsible at Tenant’s expense for repairs associated with damages to the Project caused by Tenant or its employees, agents, contractors and invitees. In addition beginning on the Effective Date, Tenant shall be responsible for clean-up and removal of LandlordTenant’s trash related to Tenant Improvements and Tenant Repairs at the Project. Landlord reserves the right, upon Tenant's default and failure to cure pursuant to the terms of this Lease to perform any items that are otherwise Tenant's obligations pursuant to the terms of this Lease, in which event; Tenant shall be liable for the actual reasonable cost and expense of such repair, replacement, maintenance and other such items.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall at all times during the Term of this Lease, at Tenant’s sole cost and expense, clean, keep, maintain, repair and make necessary improvements to, the Premises and every portion thereof and all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below21.28. Any damage or deterioration of the Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all necessary maintenance and repairs to all portions of the Premises, and all exterior entrances to the Premisesentrances, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, sewage facilities, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety systems, and other systems to the extent located within the Premisesall repairs Specialized HVAC (as hereinafter defined). As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the provisions of Section 8.3 above and Section 21.28 below shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Any special or above-standard heating, ventilating and air conditioning installed by, on behalf of, or at the request of Tenant (“Specialized HVAC”), shall be paid for and maintained by Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, Specialized HVAC and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be made by Landlord and shall be responsible for any redecorating, remodeling, alteration, painting and carpet cleaning other than routine vacuuming during the Term. Tenant shall not permit or authorize any person to go onto the roof of the Building without the prior written consent of Landlord. Except as may be expressly provided in this Lease with respect to any Tenant Improvements to be performed by Landlord, Landlord has no obligation to improve, remodel, improve, repair, decorate or paint the Premises or the Building. Tenant shall pay the cost of all repairs to the Premises not expressly required to be made by Landlord under this Lease, and Tenant shall be responsible for any decoration, remodeling, alterations, painting and carpet cleaning during the Term.