Common use of Tenant’s Maintenance Clause in Contracts

Tenant’s Maintenance. Tenant agrees, at Tenant’s sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including without limitation, the entire interior and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessary.

Tenant’s Maintenance. During the Term of this Lease, Tenant agreesshall, at Tenant’s sole cost and expense, to take good care of : (a) maintain the Premises, including the Improvements, Premises and keep Tenant’s Personal Property therein and maintain any Common Areas within the same Datacenter that are used by Tenant in a clean, sightly, safe and all parts thereof, including without limitation, the entire interior good order and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas clean condition (and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in at least as good orderorder and clean condition as when Tenant took possession), condition and repair as on the Effective Date, reasonable ordinary wear and tear exceptedexcepted and (b) regularly remove all trash from the Premises. For the avoidance of doubt, suffering no waste or injury. it is understood and agreed that, Tenant shallshall be responsible, at its sole cost under this Section 9.2, for the maintenance and expenserepair (and when necessary, promptly make replacement) of all necessary repairs portions of the electrical systems and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon infrastructure serving the land Premises “downstream” of the output circuit breakers for the PDUs serving the Datacenter Space (including, without limitation, the entire interior all RPPs, power distribution whips, receptacles, Tenant Datacenter Space Installations and exterior other installations), whether provided as of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid Commencement Date by Landlord to third party vendorsor otherwise. If Tenant or any other Tenant Party, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way limited to any of limitationtheir technicians or representatives, snow physically damages the Campus, the Project, the Building, the Datacenter, the Meet Me Room or any portion of any of the above, or the personal property of any other tenant or occupant, Landlord shall notify Tenant of the issue in writing. If Tenant does not fully and ice clearanceadequately address the issue within five (5) business days, landscaping and removal of waste and refuse matter. Tenant Landlord may, but shall not permit anything to be done upon the Premises (and shall obligated to, perform all necessary or appropriate maintenance and repairs thereto so repair, and any amounts expended by Landlord in connection therewith, plus an administrative charge of ten percent (10%), shall be reimbursed by Tenant to Landlord as notAdditional Rent within thirty (30) days after Landlord’s written invoice therefor. Notwithstanding the foregoing, if Landlord reasonably believes that Tenant’s failure to invalidatecomply with this Section 9.2 may cause imminent loss, in whole damage or in partharm to Landlord or any tenant or occupant of the Campus, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant then Landlord shall not obstruct or permit be obligated to give five (5) business days notice to Tenant and may immediately proceed with maintenance and repair of the obstruction of any parking area, adjoining street or sidewalk, except to issue in accordance with the extent commercially necessaryforegoing sentence.

Tenant’s Maintenance. Tenant agrees, at Tenant’s sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including without limitation, the entire interior and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises: ; provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord Landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord Landlord, as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessary.

Tenant’s Maintenance. During the Term of this Lease, Tenant agreesshall, at Tenant’s 's sole cost and expense, to take good care of the Premises, including the Improvements, maintain and keep in good order and maintain the same repair and all parts thereof, including without limitationin a clean and safe condition, the entire interior and exterior of the ImprovementsTenant Space, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains all Infrastructure and all other fixturesnon-Base Building equipment located therein or located outside the Tenant Space but exclusively serving the Tenant Space, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior Pathway, the PDUs serving the Premises, the elements of access control (other than Landlord's Access Control Systems) exclusively serving the Premises, the HVAC systems exclusively serving the Premises, the UPS Plants serving the Premises, all components of the Improvementselectrical system exclusively serving the Premises, commencing with the output side of the primary Building switchgear, the roofBack-Up Power Systems, the foundationsraised floor system and non-structural walls, parking areascollectively, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principlesthe Maintenance Schedule described in Section 8.2.1 below (collectively, landlord shall initially pay for “Tenant's Repair Obligations”). For the cost avoidance of such repairs or replacements and Tenant shall pay Landlord as Additional Rentdoubt, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basisacknowledge and agree that, as part of Tenant's Repair Obligations, Tenant shall, at Tenant's sole cost and expense but subject to the terms and provisions of Section 8.2.3 below, replace any equipment comprising the Infrastructure which cannot reasonably be repaired or restored to operate in accordance with its design intent, including the extent to which any such equipment is damaged by Casualty or Taking. All such repairs and replacements replacement equipment shall be (x) new, (y) of first class a quality and sufficient for at least as good as the proper maintenance and operation original quality of the Premisesequipment being replaced, and (z) designed to perform in accordance with the original design intent of the Premises served by such equipment. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and make all repairs thereto so as not) and replacements with due diligence and due care in a good and workmanlike manner and in compliance with all Applicable Laws. Notwithstanding anything to invalidatethe contrary contained herein, in whole or in partif Tenant fails to perform its covenants of maintenance, repair and/or replacement hereunder, or prevent if Tenant or any of Tenant's technicians or representatives physically damages the procurement Property, the Building or any portion of any insurance policies which of the above, or the personal property of any other tenant or occupant, or causes an interruption of services to the Premises and/or in the Building, Landlord may, at any time, be required under the provisions of this Lease. Tenant its election (but shall not obstruct be obligated to), after giving Tenant written notice of the need for any such maintenance and repair and the passage of ten (10) days to cure [or, if such repair is such that it cannot reasonably be completed with 10 days, such longer time reasonably required to perform such maintenance and repair, provided Tenant commences to perform such maintenance and repair within such 10-day period and proceeds to completion with diligence and continuity], perform all necessary or permit the obstruction appropriate maintenance and repair, and any amounts expended by Landlord in connection therewith, plus an administrative charge of any parking area[*****] of such amounts, adjoining street or sidewalkshall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after Landlord's demand therefor, except to the extent commercially necessarytogether with reasonable supporting documentation.

Tenant’s Maintenance. Tenant agreescovenants and agrees to keep and maintain in good order, at Tenant’s sole cost condition, replacement, and expenserepair the Demised Premises and all appurtenances thereto, to take good care including but not limited to, partitions; dock door seals; macadam; parking areas; walks; curbs; the exterior and interior portions of all doors; door checks and frames; windows and window frames; wood or other trim; glass; and all plumbing and sewage facilities within the Demised Premises, including free flow up to the Improvementsmain sewer line; heating, air-conditioning, and keep electrical fixtures, machinery and equipment; emergency lighting; interior walls; floors and ceilings, and furnishing and maintaining the minimum number and type of fire extinguishers. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may, but shall not be required to do so, make or complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall maintain the same HVAC and all parts thereofdock equipment (e.g., dock doors, levelors, seals, and lights) at a standard which is not less than applicable manufacturer’s standards. Such maintenance shall be performed either by Tenant’s employees, or if required applicable manufacturer’s warranties, then by a qualified service provider. Tenant shall provide preventative maintenance (including without limitation, the entire interior and exterior cleaning or replacement of the Improvements, HVAC filters) not less than once per calendar quarter If Landlord determines that the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas Tenant has failed to maintain the HVAC and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, dock equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principlesthe foregoing provisions, landlord Landlord shall initially pay have the right to either directly perform such maintenance or engage a third party service provider to provide such services, in which event, the Tenant shall reimburse the Landlord for the cost of providing such repairs or replacements and maintenance. The reimbursement payment shall be made by Tenant within fifteen (15) days of receipt from Landlord of an invoice for the cost of the maintenance services. The Tenant shall pay Landlord as Additional Rentmaintain the Demised Premises at its own expense in a clean, for orderly and sanitary condition free of insects, rodents, vermin and other pests and shall not permit accumulation of garbage, trash, rubbish and other refuse, but shall promptly remove the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premisessame. Tenant shall keep approve the location and screening for all trash dumpsters. When used in this Article 10, the term “repairs” shall include replacements and renewals when necessary to maintain the PremisesDemised Premises in good order and condition, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not such repairs made by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (at least equal in quality and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except usefulness to the extent commercially necessaryDemised Premises as the original construction of such improvements.

Tenant’s Maintenance. Tenant agreesshall, at Tenant’s 's sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including without limitation, the entire interior and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including subfloors and floor coverings in good repair and in a clean and safe condition, casualties covered by insurance coverage excepted to the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not extent of proceeds received by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matterLandlord. Tenant shall not permit anything shall, at Tenant's own expense, immediately replace all interior, exterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to be done the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, Landlord may at its option enter upon the Premises after ten (10) days' prior written notice to Tenant and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of eighteen percent (18%) per annum shall become due and payable as additional rental to Landlord together with Tenant's next monthly Rent payment. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all maintenance necessary materials, tools, supplies and equipment. Landlord shall not be liable for the inconvenience, annoyance, disturbance, loss of business or other damage of Tenant by reason of making such repairs thereto so as not) to invalidate, in whole or in partthe performance of any such work, or prevent on account of bringing materials, tools, supplies or equipment into or through the procurement Premises during the course thereof, and the obligations of any insurance policies which may, at any time, be required Tenant under the provisions of this Lease. Tenant Lease shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessarybe affected thereby.

Tenant’s Maintenance. Tenant agrees, agrees at Tenant’s sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including without limitation, the entire interior and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, thereto in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessary.

Tenant’s Maintenance. Tenant agreesshall, at Tenant’s sole cost and expense, to take good care of keep, repair and maintain the Premises, including the Improvementsincluding, and keep and maintain the same and all parts thereof, including without limitation, the entire interior heating, ventilating and exterior of the Improvementsair conditioning system, the roofplumbing system, foundationsthe electrical system, parking areasthe subfloors and floor coverings within the Cxxxxx Building and Hardy Building, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions theretomade by Tenant pursuant to the provisions hereof and all loading areas, in as all respects in good repair and in a clean and safe condition. Tenant shall, at Tenant’s own expense, immediately replace all interior, exterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant’s obligations under this Section 7(a), Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and put the same in good order, condition and repair repair, and the cost thereof together with interest thereon at the rate of twelve percent (12%) per annum shall become due and payable as additional rent to Landlord. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. Landlord may, during the progress of any such work in or on the Effective DatePremises, reasonable wear keep and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make store therein all necessary repairs materials, tools, supplies and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to equipment. Landlord shall not be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay liable for the cost inconvenience, annoyance, disturbance, loss of business or other damage of Tenant by reason of making such repairs or replacements the performance of any such work, or on account of bringing materials, tools, supplies or equipment into or through the Premises during the course thereof, and the obligations of Tenant under this Lease shall pay not be affected thereby; provided that Landlord as Additional Rent, for the portion of such costs attributable shall use commercially reasonable efforts to the then remainder of the Term, as minimize interference with Tenant’s use and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation occupancy of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessary.

Tenant’s Maintenance. Tenant agreesshall, at Tenant’s sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same Premises in good order and all parts thereofrepair and in a safe and clean condition, including including, without limitation, the entire interior and exterior of the Improvementsstructure, bearing walls, the rooffoundation, foundationsthe roof and outside wall surfaces, parking areasthe subfloors and floor coverings, sidewalksthe electrical, railroad tracksplumbing and HVAC systems, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions theretomade to the Premises pursuant to the provisions hereof, all walks, driveways, parking and loading areas, lawns and landscaping, fences and signs located in as the areas which are adjacent to or included with the Premises. Tenant shall, at Tenant’s own expense, immediately replace all interior, exterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant’s obligations under this subparagraph, Landlord may at its option enter upon the Premises after 10 days prior written notice to Tenant and put the same in good order, condition and repair repair, and the cost thereof together with interest thereon at the rate of 18% per annum, or the maximum legal rate if the rate of 18% per annum is usurious, shall become due and payable as additional rental to Landlord together with Tenant’s next monthly Rent payment. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. Landlord may, during the progress of any such work in or on the Effective DatePremises, reasonable wear keep and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make store therein all necessary repairs materials, tools, supplies and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to equipment. Landlord shall not be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay liable for the cost inconvenience, annoyance, disturbance, loss of business or other damage of Tenant by reason of making such repairs or replacements the performance of any such work, or on account of bringing materials, tools, supplies or equipment into or through the Premises during the course thereof, and the obligations of Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant under this Lease shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessaryaffected thereby.

Tenant’s Maintenance. Tenant agrees, at Tenant’s 's sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including together with any and all alterations and additions thereto, in good order, condition and repair, suffering no waste or injury. Subject to Subsections 8.1(B) and 8.1(C), Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the Land, including, without limitation, the entire interior and exterior of the Improvements, the roof, foundationssidewalks, parking areas, sidewalks, railroad trackstracks (if any), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable to the then remainder of the Term, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk, except to the extent commercially necessary.

Tenant’s Maintenance. Tenant agrees, at Tenant’s sole cost and expense, to take good care of the Premises, including the Improvements, and keep and maintain the same and all parts thereof, including without limitation, the entire interior and exterior of the Improvements, the roof, foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances thereto, together with any and all alterations and additions thereto, in as good order, condition and repair as on the Effective Date, reasonable wear and tear excepted, suffering no waste or injury. Tenant shall, at its sole cost own cost, and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to any Improvements or equipment now or hereafter located upon the land including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, parking areas, sidewalks, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances, now or hereafter belonging to, connected with or used in conjunction with the Premises: provided, however, in the event any repairs or replacements are required, the cost of which are required to be capitalized in accordance with generally accepted accounting principles, landlord shall initially pay for the cost of such repairs or replacements and Tenant shall pay Landlord as Additional Rent, for the portion of such costs attributable expense to the then remainder of the TermLandlord, as and when such costs are paid by Landlord to third party vendors, such portion to be determined as between Landlord and Tenant on a straight-line basis. All such repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, vault spacebuildings, building systems, water, sewer and other utility lines on the Real Property serving the Facility, surface parking areas lots, exterior lighting and areas adjacent theretoimprovements of any kind which may be a part thereof in good, safesanitary, secure neat and cleanfirst-rate order, specifically includingcondition and repair, but not by way ordinary wear and tear, casualty, condemnation and acts of God excepted. Tenant's obligations shall include, without limitation, snow replacements of structural components, roof and ice clearancebuilding systems, landscaping and removal other necessary capital expenditures, as required by the previous sentence. Tenant shall maintain the Premises in such a manner as may be necessary to operate the Facility in accordance with applicable state and/or federal laws or regulations. Tenant shall perform all interior and exterior painting, and maintain the grounds of waste the Facility in a good and refuse mattersightly appearance. All costs of the foregoing maintenance and replacement obligations shall be paid (i) with insurance proceeds, if applicable, in accordance with SECTION 11 hereof, (ii) with funds from the Capital Reserve Account, if applicable, in accordance with SECTION 3.5 hereof, and (iii) otherwise by Tenant. Tenant shall not permit anything commit or suffer to be done committed any waste upon or about the Premises, and shall promptly at its cost and expense, make all necessary replacements, restorations, renewals, and repairs to the Premises (and shall perform all maintenance appurtenances thereto, whether interior or exterior, structural or non-structural, ordinary or extraordinary, and repairs thereto so as not) foreseen or unforeseen, ordinary wear and tear excepted. Repairs restorations, renewals, and replacements shall, to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any timeextent possible, be required under at least equivalent in quality to the provisions of this Leaseoriginal work or the property replaced, as the case may be. Tenant shall not obstruct make any claim or permit demand upon or bring any action against the obstruction Landlord for any loss, cost, injury, damage, or other expense caused by any failure or defect, structural or non-structural, of the Premises or any part thereof. Landlord shall not under any circumstances be required to build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any parking area, adjoining street nature or sidewalk, except description to the extent commercially necessaryPremises or to any of the Improvements, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way. Tenant hereby waives the right to make repairs, replacements, renewals, or restorations at the expense of Landlord pursuant to all applicable laws and Tenant shall not make any claim or demand upon or bring any action against Landlord for any loss, cost, injury, damage or other expense caused by any failure or defect, structural or non-structural, to the Premises or any part thereof. Tenant acknowledges that, pursuant to the Development Agreement, Landlord has contracted with Tenant and BCC to construct the Improvements, that the Improvements will be constructed pursuant to the Development Agreement and that although title to the Improvements rests in Landlord in fee, Landlord has made no representation, warranty or covenant regarding the suitability, workmanship or freedom of defects of the Improvements as a result of the Development Agreement, any act of approval of Landlord's agents, consultants or engineers thereunder or by virtue of this Lease, or any statement or provision in the Transaction Documents to the contrary notwithstanding. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, EITHER AS TO ITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE, ITS DESIGN OR CONDITION OR OTHERWISE, OR AS TO DEFECTS IN QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL RISKS RELATING TO THE DESIGN, CONDITION OR USE OF THE PREMISES ARE TO BE BORNE BY TENANT. TENANT HEREBY ASSUMES ALL RISK OF THE PHYSICAL CONDITION OF THE PREMISES AND THE SUITABILITY OF THE PREMISES FOR TENANT'S PURPOSES ARE TO BE BORNE BY TENANT. TENANT ASSUMES ALL RISK OF AND THE COMPLIANCE OR NON-COMPLIANCE OF THE PREMISES WITH ALL APPLICABLE REQUIREMENTS OF LAW, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL LAWS AND ZONING OR LAND USE LAWS.