Common use of Tenant’s Obligations Clause in Contracts

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except (a) In-Line Leased Premises: Tenant accepts the Leased Premises “as expressly provided is”. Landlord has made no representation, warranty or other assurance with respect to the Leased Premises or the Shopping Center. Tenant shall keep and maintain the Leased Premises and every part thereof (excluding only the structural elements and the roof unless repair of same arises out of Tenant’s use or occupancy of the Leased Premises or negligence as Landlord’s obligation described in this Article 9Section 9.1) in good order, condition and repair, in compliance with Environmental Laws, as defined in Section 32.4, including, without limitation, the exterior and interior portions of all doors, door checks, security gates, windows and glass, all utility, plumbing and sewage facilities within the Leased Premises or under the floor slab thereof, fixtures, heating and air-conditioning equipment, exterior mechanical equipment, exterior utility facilities and exterior electrical equipment serving the Leased Premises and interior walls, floors and ceilings, and including compliance with applicable building and fire codes relative to fire extinguishers, sprinkler systems and other preservative measures. Tenant shall conduct all such maintenance, service, repair, replacement and disposal activities, including those with respect to any structure, equipment or system, in compliance with applicable laws, including Environmental Laws. As part of its HVAC maintenance obligation, Tenant shall enter into an annual contract with an HVAC repair firm, fully licensed to repair HVAC units in the state in which the Shopping Center is located and approved by Landlord, which firm shall (a) regularly service the HVAC unit(s) on the Leased Premises on no less than a quarterly basis, changing belts, filters and other parts as required; (b) perform emergency and extraordinary repairs on the HVAC unit(s); and (c) keep a detailed record of all services performed on the Leased Premises and prepare a yearly service report to be furnished to the Tenant at the end of each calendar year. Tenant shall furnish to Landlord, at the end of each calendar year, a copy of the HVAC maintenance contract and report described above, and proof that the annual premium for the maintenance contract has been paid. Nothing stated herein shall limit Tenant’s obligation to maintain the HVAC unit(s) in good condition and repair and throughout the term of this Lease. If Tenant fails or refuses to comply with its obligations in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to this Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project9.2, Landlord shall have the right may (but shall not the obligationbe required to) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord repairs and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct pay the cost thereof from the rentto Landlord upon demand.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant shall, at its sole expense, maintain the drives and grounds surrounding the Leased Premises, the Leased Premises' concrete and paving (including sidewalks, parking areas and alleys), the exterior lighting, the landscaping, the entry monuments, the railroad spur (if any), and pedestrian walks, the fences and other open areas, all which occupy or comprise part of the Leased Premises, reasonable wear and tear excepted. In addition, Tenant shall keep shall, at its sole expense, maintain and repair all parts of the Leased Premises (except only those parts for which Landlord is expressly responsible under this Lease) in good condition and repair promptly make all necessary repairs and replacements, including, but not limited to, the following items: all glass, including windows, glass or plate glass, window mullions and gaskets; doors and attached hardware; office entries; special store fronts; interior walls, interior ceilings, cabinets, millwork, paneling and other finish work; termite and pest extermination; floors and floor coverings; electrical systems; dock boards, dock levelers and bumpers; down spouts of roof gutters attached to the exterior of the Building for damage caused by Tenant's operation; plumbing fixtures, sanitary sewers, electrical facilities and electrical fixtures; and all other fixtures and Trade Fixtures. Tenant shall also be solely responsible for trash and other waste disposal from the Leased Premises and will maintain adequate receptacles for such disposal. In no event shall Tenant be entitled to use or dispose of any toxic, dangerous or hazardous substances or pollutants without prior written approval of Landlord and in compliance all events such use and disposal must comply with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (all applicable Legal Requirements. If Tenant fails to make such repairs or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectreplacements, Landlord may, but shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may be obligated to, make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which or replacements at Tenant's expense. Such cost shall be paid payable to Landlord by Tenant within ten (10) business days from invoice from Landlordon demand as Additional Rent. Tenant Replacement and repair parts, materials and equipment shall be responsible for of quality equivalent to those initially installed within the design Leased Premises; repair and function of all non-standard improvements of maintenance work shall be done in accordance with the then existing laws, statutes, permits, orders, decrees, guidelines, rules, regulations and ordinances pertaining thereto. Except insofar as Landlord is expressly obligated under this Lease to maintain and repair the Leased Premises, whether or not installed by Landlord at Tenant’s request. Except as in addition to the maintenance and repair obligations of Tenant otherwise expressly provided for set forth in this Lease, Tenant waives is also obligated to perform, at Tenant's own cost and expense and risk, all rights other maintenance and repairs necessary or appropriate to make repairs cause the Leased Premises to be suitable for Tenant's intended commercial purpose. Tenant shall repair and replace at its sole cost any damage to the expense Leased Premises caused by Tenant or any of Tenant's Agents or invitees. Landlord shall repair and replace at its sole cost, subject to Landlord's direction and supervision, any damage to the Leased Premises caused by Landlord or any of Landlord's Agents or invitees. Notwithstanding any other language herein contained, the Tenant will be obligated to maintain or to deduct repair the cost thereof from air conditioning and heating system in the rentLeased Premises.

Tenant’s Obligations. Except Xxxxxx has examined and knows the condition of the Leased Premises other than the condition of any Improvements to be made by Landlord pursuant to this Lease, and Tenant acknowledges that no representations as expressly provided to the condition and repair thereof have been made by Landlord, or its agent, prior to, or at, execution of this Lease that are not herein expressed. Tenant will at all times during the Term of this Lease, and at Tenant’s expense, keep the Leased Premises, including all appurtenances, in good repair and condition, and in that regard shall replace all broken glass with glass of the same size and quality as Landlord’s obligation that broken, repair malfunctioning plumbing and electrical fixtures, repair all systems or portions of systems exclusively serving the Leased Premises, replace all burnt out light bulbs and ballasts, replace all damaged plumbing fixtures with others of equal quality, remove all garbage and keep the Leased Premises in a clean and healthful condition in compliance with all applicable laws, codes ordinances, inspections or other direction of proper authorities. Upon termination of this Article 9Lease, in any way, Tenant shall keep will yield up the Leased Premises to Landlord in good condition and repair repair, loss by fire or casualty and in compliance with Landlord’s sustainability practices including, without limitation, compliance with ordinary wear and tear excepted. Notwithstanding any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectforegoing, Landlord shall have keep the right (structural components of the Building including, but not limited to the obligation) roof, foundation, underground and otherwise concealed plumbing and exterior walls, and the common areas in good repair at all times during the Term of this Lease, provided that Landlord shall have no obligation to select the contractor and oversee all such repairs. Landlord may make any such structural repairs which are not promptly made by Tenant after Tenant’s receipt of until and unless Landlord has first received written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues for such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from LandlordTenant. Tenant shall also use and cause all employees, agents, invitees and licensees to use the common areas of the Building, including, but without being limited to, the sidewalks, driveways and parking lot of the Building and any loading dock and common hallway area in the Building, in such a manner as to prevent disruption of other tenants and Landlord. No vehicles or materials shall be responsible permitted to block sidewalks, driveways, loading docks or any other common area of the Building nor shall any vehicle be parked in the parking lot for longer than is necessary for the design customary business purposes of Tenant. All vehicles using any loading dock shall unload in an expedient manner and function Tenant shall not store materials on the loading dock or common hallway and shall promptly remove all materials, debris, and other items from the loading dock and common hallways. In the event of all non-standard improvements a violation of this Section 10, Landlord may (but shall not be obligated to) remove any such vehicles, materials, debris, or other items as are in violation of this Section 10 and Tenant shall pay Landlord’s expenses in connection therewith, on demand. Landlord shall have no responsibility for loss or damage to such vehicles, materials, debris, or other items, it being understood that the Premises, whether or not installed by Landlord removal is at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentsole loss and risk.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Section 9.1 and Article 919, Tenant shall keep assumes full responsibility for the condition, repair, replacement and maintenance of the Premises in good condition on and repair and in compliance with Landlord’s sustainability practices after the Commencement Date, including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbingsteam, water, heating, ventilation or air-conditioning ventilating and mechanical systems and all other utilities, systems and equipment installed in the Premises by Tenant in connection with its use and occupancy of the Project, Landlord shall have the right Premises as permitted by this Lease (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by “Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionSystems”), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for arranging for and supplying security services and telephone and other electronic communication services to the design Premises and function shall pay the costs of all non-standard improvements such utilities and services directly. Tenant shall take good care of the PremisesPremises and the Tenant Systems and keep the Premises (other than the Common Area, whether or not installed Building Structure and Building Systems that are the responsibility of Landlord to the extent expressly provided in Section 9.1) and the Tenant Systems in good working order and in a clean, safe and sanitary condition. All repairs and replacements by Landlord Tenant for which Tenant is responsible are collectively referred to as the “Tenant Obligations” and shall be made and performed: (a) at Tenant’s request. Except cost and expense, and in such manner as otherwise expressly provided for in this LeaseLandlord may reasonably designate, Tenant waives all rights to make repairs at the expense of (b) by licensed and reputable contractors or mechanics reasonably approved by Landlord, (c) so that the same shall be at least equal in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operation of or damage the Building Systems, and (e) in accordance with Article 10 (if applicable) and all Applicable Laws. Tenant shall cooperate fully and in good faith with Landlord and Landlord’s property manager in the performance of all such repairs and replacements by Tenant, and shall perform all such work and activities diligently and expeditiously to deduct completion, and in a manner consistent with the cost thereof from repair and maintenance of first class buildings of similar age and quality located in the rentStanford Research Park in Palo Alto. Tenant shall reimburse Landlord within ten (10) Business Days after written demand as Additional Rent for any actual out-of-pocket expenses incurred by Landlord in connection with any repairs or replacements required to be made by Tenant, including without limitation, any reasonable fees charged by Landlord’s contractors to review plans and specifications prepared by Tenant.

Tenant’s Obligations. Except as expressly provided as Tenant shall at its expense maintain, repair and replace all portions of the Premises and the equipment or fixtures therein, except to the extent specified in Section 7(a), above, at all times in first-class condition and state of repair, all in accordance with the laws of the State of California and all health, fire, police and other ordinances, regulations and directives of governmental agencies having jurisdiction over such matters. However, notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant), at Landlord’s obligation in this Article 9cost as an item of Operating Expenses (subject to the provisions of Section 4(e) above establishing certain exclusions from Operating Expenses), Tenant shall keep be required to make any alterations, additions or improvements to the Premises in good condition and repair and in compliance with Landlord’s sustainability practices constituting capital expenditures (including, without limitation, compliance with any LEED rating system (alterations, additions or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury improvements to the Premises constituting capital expenditures required in order to comply with the ADA) and to the Building Structure and Building Systems to the extent such alterations, additions or improvements are required to cause the Project resulting from Premises to comply with applicable laws, except that Tenant (and not Landlord), at Tenant’s sole cost, shall be responsible for performing such alterations, additions or improvements work to the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or extent such compliance work is necessitated by the particular use of the Premises, shall be promptly repaired Premises by Tenant at its sole cost and expense, or any of the Tenant Parties (as opposed to mere occupancy for general office use) or by any Alterations to the satisfaction Premises under Section 8 below to the extent such Alterations are not normal and customary business office improvements. Tenant shall replace at Tenant’s sole expense any glass that may be broken in the Premises with glass of Landlordthe same size, specifications and quality, with signs thereon, if required. At the expiration of the Term, Tenant shall surrender the Premises in good and reasonably clean condition, normal wear and tear and damage by fire, other casualty or condemnation excepted; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord Tenant shall have the right (but not the obligation) no obligation to select the contractor repaint, install new floor coverings or patch wall and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentfloor penetrations.

Tenant’s Obligations. (a) Except as expressly provided as in Section 4.05(c) above with respect to Landlord’s obligation in this Article 9, Tenant shall keep obligations for the performance of certain work at the Premises in good condition and repair and in compliance with that is the subject of Section 6.03 (Landlord’s sustainability practices includingObligations) above, without limitation, compliance with any LEED rating system Article Seven (Damage or other certification standard) applicable to the Project. Subject to Section 14(dDestruction) below, all damage or injury to the Premises or the Project resulting from the act or negligence of and Article Eight (Condemnation) below, Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant’s sole cost and expense, shall keep all portions of the Premises (including structural, nonstructural, interior, exterior, systems and equipment including HVAC) in good order, condition and repair. If any portion of the Premises or any system or equipment in the Premises that Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall, upon providing Landlord with reasonable prior written notice of the scope and cost of replacement, and subject to Landlord’s approval of the same, promptly replace such portion of the Premises or system or equipment in the Premises. The cost of such replacement shall be amortized over the useful life as reasonably determined by Landlord, and Tenant shall only be liable for that portion of the cost which is applicable to the satisfaction of Landlord; providedremaining Lease Term (as it may be extended) (the “Useful Life Allocation”), however, that for damage to and if the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectfull replacement cost is initially borne by Tenant, Landlord shall have the right (but not the obligation) reimburse Tenant or provide Tenant with a credit against future Additional Rent obligations in an amount equal to select the contractor and oversee all Landlord’s share of such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordtotal cost. Tenant shall be responsible maintain a reasonable preventive maintenance service contract providing for the design regular inspection and function of all non-standard improvements maintenance of the Premises’ heating and air conditioning systems (the “HVAC Systems”) by a licensed heating and air conditioning contractor, whether unless Landlord is obligated to maintain all or a portion of such equipment pursuant to Section 6.03(a) above, or unless Landlord makes the election described in the next succeeding sentence. It is the intention of Landlord and Tenant that, at all times during the Lease Term, Tenant shall maintain the Premises in an attractive, first-class and fully operative condition. Without limiting the generality of the provisions contained above in this Section 6.04(a), Tenant agrees to pay Landlord the cost to repair any damage caused by the transportation and storage of its products in, on, or about the Premises, including, but not installed by Landlord at limited to any damage to concrete floor slab, adjoining concrete ramps, adjoining concrete truck apron, and adjoining concrete or asphalt parking and access areas due to the use of forklifts or other equipment or vehicles hauling Tenant’s requestproducts or otherwise, ordinary wear and tear from intended use excepted. Except as otherwise expressly provided for Tenant’s payment obligation described in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct immediately preceding sentence shall include the cost thereof from of replacement of any damaged areas of the rentPremises or the Premises, if repair is impracticable, so as to restore such areas to the condition existing prior to such damage and in such event Tenant shall not be entitled to the benefit of the Useful Life Allocation.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation specifically set forth in this Article 9clause (b) below Tenant shall, Tenant shall keep at all times during the Premises in good condition Lease Term and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises and every part thereof including, without limiting the generality of the foregoing, (i) all interior walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps, and (vi) all entranceways to the satisfaction of Landlord; providedLeased Premises. Tenant shall, howeverat all times during the Lease Term, that for keep in a clean and safe condition the Outside Areas. Tenant shall, at its sole cost and expense, repair all damage to the Project as a result Leased Premises, the Building, the Outside Areas or the Property caused by the activities of casualty Tenant, its employees, invitees or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not contractors promptly made by Tenant after Tenant’s receipt of following written notice and from Landlord to so repair such damages. If Tenant shall fail to perform the reasonable opportunity of Tenant required maintenance or fail to make said repair repairs required of it pursuant to this paragraph within five (5) business days from receipt of said written notice (or such a reasonable period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after following notice from Landlord to do so, then Landlord may, at its election and diligently pursues without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs to completion), and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, both interior and exterior, is at the sole risk of Tenant for the cost thereof, which cost and any broken glass shall promptly be paid replaced by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements at Tenant's expense with glass of the Premisessame kind, whether or not installed by Landlord at Tenant’s requestsize and quality. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.(b)

Tenant’s Obligations. Except 3. The Tenant hereby agrees with the Landlord as expressly follows :- Compliance with Ordinances 3.1 To observe, obey and comply with and to fully indemnify the Landlord against the breach by the Tenant of all ordinances, regulations, bye-laws, rules and requirements of any Governmental or other competent authority of the HKSAR relating to the use and occupation of the said premises by the Tenant or to any other act, deed, matter or thing done, permitted, suffered or omitted therein or thereon by the Tenant or any servant, employee, agent, licensee or visitor of the Tenant or occupier and to notify the Landlord forthwith in writing of any notice received from any statutory or public authority concerning or in respect of the said premises or any services supplied thereto or of a possible breach of this Clause. To Fit Out Premises 3.2 Unless otherwise provided to the contrary herein, to fit out the interior of the said premises in accordance with such plans and specifications as Landlord’s obligation shall have been first submitted to and approved in this Article 9, Tenant shall keep writing by the Premises Landlord in good condition and repair proper workmanlike fashion using good quality materials and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (all respects in a style and manner appropriate to a first class office building or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, complex to the satisfaction of Landlord; provided, however, that for damage the Landlord and to maintain the same in good repair and condition throughout the said term. All detailed fitting out plans including mechanical and electrical drawings must be submitted to the Project as a result of casualty Landlord or for any repairs that may impact its agent or the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems manager of the Project, said building for the Landlord’s written approval prior to commencement of fitting out works. 14 working days will be required for the Landlord to give approval or disapproval. The Tenant will not cause or permit to be made any variation to the approved fitting out plans and specifications or to the interior design or layout of the said premises without any previous approval in writing of the Landlord. The Tenant shall have comply with the right (but provisions of this Agreement regarding installation and alterations in respect of such fitting out. The Tenant shall not carry out any fitting out work prior to the obligation) Landlord’s written approval of the aforesaid plans and specifications and it shall be a condition precedent to select the contractor and oversee all such repairs. granting of any approval under this Clause that the Tenant shall reimburse to the Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time fees and/or costs as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from incurred by the Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereofsaid approval and shall pay debris removal deposit, which cost shall debris removal fee, temporary electricity charges and other ancillary fee(s)/charge(s) at the amount to be paid advised by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible the manager of the said building prior to commencement of the fitting out works for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentsaid premises.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 8.1, Tenant assumes full responsibility for the repair and maintenance of the Premises and the Building Systems. Tenant shall take good care of the Premises and the Building Systems and keep the Premises and the Building Systems (and not the Common Area and Structural Components, which are the responsibility of Landlord) in good condition and repair working order and in compliance a clean, safe and sanitary condition. The Premises and the Building Systems shall continue throughout the Term to be in as good condition as at the Commencement Date, reasonable wear and tear excepted; and Tenant shall prevent waste. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant’s cost and expense, (b) by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld or delayed, provided that, absent reasonable grounds to object to the same arising subsequent to the date hereof, the contractors listed in Exhibit G are deemed approved, (c) so that same shall be comparable in quality, value and utility to the original work or installation, (d) in a manner and using equipment and materials that will not interfere with Landlord’s sustainability practices or impair the operations, use or occupation of the Building, the Building Systems, or the activities of other tenants of the Building, and (e) in accordance with Article 10 (if applicable), the Rules and Regulations, and all Legal Requirements. Tenant shall reimburse Landlord upon demand for any out-of-pocket expenses incurred by Landlord in connection with any repairs or replacements required to be made by Tenant, including, without limitation, compliance with any LEED rating system (or other certification standard) applicable fees charged by Landlord’s contractors to the Projectreview plans and specifications prepared by Tenant. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within Within ten (10) business days from invoice from following Landlord. ’s request therefor, Tenant shall be responsible for the design and function deliver to Landlord copies of all non-standard improvements service and maintenance contracts and reports for Building Systems in the possession or control of Tenant with respect to the PremisesProperty, whether or including but not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Leaselimited to HVAC maintenance, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentelevator and fire records.

Tenant’s Obligations. Except pending grant Until the grant of the Lease and subject to clause 10.4.3: the parties are liable to observe and perform the same obligations as expressly provided are imposed by the covenants on their respective parts and the conditions to be contained in the Lease as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) they become applicable to the Project. Subject Premises and insofar as they are not inconsistent with this Agreement; each party is entitled to Section 14(d) belowall remedies by distress, all damage action, or injury otherwise for recovering any monies or for the breach of obligation as if either party had been granted; and the Tenant will not be liable to the Premises Landlord to pay any rents or comply with any covenant or condition in the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use Lease during any period prior to completion of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to Lease when the satisfaction Tenant’s occupation of Landlord; provided, however, that for damage to the Project Premises is suspended or prevented as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems Landlord carrying out the Landlord’s Works. 10.5Covenant to vacate if licence ends Immediately on termination of the Projectlicence created by this clause 10, (unless the Lease has been granted) the Tenant will vacate the Premises and forthwith remove all and any materials, goods, employees, works, partially completed works, plant and equipment at or installed in the Premises by or on behalf of the Tenant (making good any damage caused to the Premises in doing so to the reasonable satisfaction of the Landlord) and will (at its own cost) reinstate the Premises to as good a state of repair and condition as they were in immediately before the Tenant took occupation. When the Tenant has prepared a specification of the Tenant’s Fit Out Works it shall submit the details to the Landlord for approval. The Landlord shall have not unreasonably withhold or delay its consent to the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice Fit Out Works and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost consent shall be paid by granted in the form of the Licence for Alterations. If the Tenant within ten (occupies the Premises in accordance with this clause 10) business days from invoice from Landlord. , the Tenant shall be responsible entitled to carry out the Tenant's Fit-Out Works in addition to the Tenant's Works and the terms and conditions of the Licence for Alterations will apply to the Tenant's Fit-Out Works. If the terms of any planning permission licence or consent (other than this licence) obtained for the design and function Tenant’s Works and/or the Tenant's Fit-out Works require any other works to be carried out to the Premises the Tenant will be entitled to carry out such other works. The terms of all non-standard improvements Schedule 3 will apply to the carrying out of such other work as if they formed part of the PremisesTenant's Works. The terms of the Licence for Alterations will apply to the carrying out of such other works as if they formed part of the Tenant's Fit-Out Works. For the avoidance of doubt, whether there shall be no requirement on the Tenant to obtain the consent of the Landlord to such other works pursuant to this Agreement or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this the Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall at all times and at its own expense clean, keep the Premises and maintain in good good, safe and sanitary order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 9.A.(i). Tenant's repair and in compliance with Landlord’s sustainability practices includingmaintenance obligations shall include, without limitation, compliance with any LEED rating system (or other certification standard) applicable to all plumbing and sewage facilities within the Project. Subject to Section 14(d) belowPremises, fixtures, interior walls, floors, ceilings, windows, store front, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures serving the Premises, lamps, fans and any exhaust equipment and systems, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. However unless the necessity for such repair arises out of the acts or omissions of Tenant or its Agents, Tenant shall not be obligated under this paragraph to repair: (i) damage for which Landlord is reimbursed under any insurance policy carried by Landlord under this Lease for which Tenant pays a prorata share of the premiums; (ii) damage caused by the negligence or injury to willful misconduct of Landlord or Landlord's agents, employees or contractors; or (iii) damage the repair of which is paid for under the Outside Area Expenses. All glass, both interior and exterior, is at the sole risk of Tenant, and any broken glass shall promptly be replaced by Tenant and at Tenant's expense with glass of the same kind, size and quality. If any condition arises in the Premises or the Project resulting from the act which may be unsafe or negligence of Tenant, its employees, agents dangerous to persons or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of property in the Project, Tenant shall immediately notify Landlord shall have of such condition, regardless of whether the right (but not the obligation to repair such condition is Tenant's obligation or Landlord's obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for shall, at its own expense, provide, install and maintain in good condition all of its trade fixtures, furniture, equipment and other personal property ("Tenant's Personal Property") required in the design and function conduct of all non-standard improvements of its business in the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s 's obligation in this Article 9, Tenant shall keep all portions of the Premises in good condition and repair and in compliance with repair, excluding only those portions that are Landlord’s sustainability practices including's express obligation to maintain as provided above. Tenant's obligations include, without limitation, compliance maintenance and repair of the compressed air system and nitrogen tank located in or solely benefitting the Premises (regardless of whether such systems are located entirely in the Premises), lighting within the Premises, any HVAC System that exclusively services the Premises (as described in Section 9(a) above), plumbing systems within the Premises, exhaust systems within the Premises and the electrical system within the Premises. In addition, Tenant's responsibility shall also include, with respect to the Premises, all repairs in ducts, conduits, pipes and wiring. Tenant shall give Landlord prompt written notice of any LEED rating system leaks or water damage that becomes known to Tenant. If any repairs required to be made by Tenant hereunder are not commenced within ten (10) days after written notice delivered to Tenant by Landlord (or other certification standardless than ten (10) applicable days, in the case of an emergency situation which by its nature requires an immediate response or a response within fewer than ten (10) days), or if Tenant timely commences such repairs but fails to diligently prosecute such repairs to completion, Landlord may, upon notice to Tenant and at Landlord's option, make such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs. In such event, Tenant shall reimburse Landlord's costs therefor as Additional Rent within thirty (30) days of Landlord's written demand. Tenant shall have access to the Projectroof of the Project and other areas of the Project required in order for Tenant to repair and maintain any systems that exclusively service the Premises (as required by Section 9(a) above) and to otherwise comply with Tenant's repair and maintenance obligations under this Lease. Subject to Section 14(d) below, all All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, expense (except to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made extent covered by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completioninsurance), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in In addition to the other obligations of the Tenant under this Article 9Lease, during the term of this Lease, Tenant shall shall: use the Premises for residential use only and in a manner so as not to disturb his neighbors; not use the Premises for any unlawful or immoral purposes or occupy them in such a way as to constitute a nuisance; keep the Premises, including, but not limited to, all plumbing fixtures, facilities and appliances, and yards used by Tenant in connection with the Premises in good condition a clean, safe, sanitary and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance presentable condition; comply with any LEED rating system (or and all obligations imposed upon Tenant by applicable building and housing codes; dispose of all rubbish, garbage, and other certification standard) waste in a clean and safe manner and comply with all applicable to the Project. Subject to Section 14(d) belowordinances concerning recycling, garbage collection, waste and other refuse; use in a proper and reasonable manner all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, sanitary, heating, ventilation or air-conditioning systems ventilating, air conditioning, and other facilities and appliances, if any, furnished as a part of the Project, Landlord shall have the right Premises (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be liable to Landlord for any damages caused by his failure to comply with this requirement); not deliberately or negligently destroy, deface, damage or remove any part of the Premises (including all facilities, appliances and fixtures) or permit any person, known or unknown to Tenant, to do so; be responsible for the design and function liable to Landlord for all damage to, defacement of, or removal of all non-standard improvements of property from the Premises, whether whatever the cause, except such damage, defacement or removal caused by ordinary wear and tear, acts of the Landlord, his agent, or of third parties not installed by invitees of the Tenant, and natural forces; permit Landlord at or their agent to enter the Premises during reasonable hours for the purpose of (1) inspecting the Premises and Tenant’s request. Except as otherwise expressly provided for in 's compliance with the terms of this Lease; and (2) making such repairs, Tenant waives all rights alterations, improvements or additions thereto as Landlord may deem appropriate; not to make repairs at abandon or vacate the expense Premises during the term of Landlord, or to deduct the cost thereof from the rent.this Lease;

Tenant’s Obligations. Except (a) Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Development within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as expressly provided the original, including but not limited to, windows, glass and plate glass, doors, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, water heaters, dock board, truck doors, dock bumpers, and plumbing work and fixtures. Tenant as Landlord’s part of its obligation in this Article 9, Tenant hereunder shall keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way, Tenant will yield up the Premises to Landlord in good condition and repair and in compliance with Landlord’s sustainability practices includingrepair, without limitation, compliance with any LEED rating system (loss by fire or other certification standard) applicable casualty covered by insurance to the Project. Subject be secured pursuant to Section 14(d) below, all Article 15 excepted (but not excepting any damage to glass or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or loss not reimbursed by the use insurance because of the Premisesexistence of a deductible under the appropriate policy). Tenant shall not damage any demising wall or disturb the integrity and supports provided by any demising wall and shall, shall be promptly repaired by Tenant at its sole cost and expense, properly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. Tenant shall, at its own cost and expense, as additional rent, pay for the satisfaction repair of Landlord; provided, however, that for any damage to the Project Premises, the Building, or the Development resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, customers, or any other person entering upon the Development as a result of casualty Tenant's business activities or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made caused by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent's default hereunder.

Tenant’s Obligations. Except as expressly otherwise provided as Landlord’s obligation in this Lease, Landlord shall have no maintenance obligation concerning the Premises and no obligation to make any repairs or replacements, in, on, or to the Premises. Tenant shall, at Tenant’s own expense, pursuant to and in accordance with the terms of this Lease, including without limitation Article 98 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the surface of the floor of the Premises, in good order, repair and condition at all times during the Lease Term (including, electrical and mechanical systems not considered part of the “Building Systems” (as defined below) that have been installed for the exclusive use and benefit of Tenant such as additional HVAC equipment, hot water heaters, electronic, data, phone, and other telecommunications cabling and related equipment, and security or telephone systems for the Premises). Tenant shall not commit or allow to be committed any waste on any portion of the Premises. In addition, Tenant shall keep shall, at Tenant’s own expense, but under the supervision and subject to the prior written approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises in good condition and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or the negligence or willful act of Landlord or any of its agents, contractors or employees; provided however, that, if Tenant fails to make such repairs within the time and in compliance with Landlord’s sustainability practices includingthe manner required by this Lease, without limitationLandlord may, compliance with any LEED rating system (but need not, make such repairs and replacements, and Tenant shall pay Landlord upon demand the cost thereof forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury additions to the Premises or to the Project resulting from or to any equipment located in the act Project as Landlord shall desire or negligence of Tenant, its employees, agents deem necessary or visitors, guests, invitees as Landlord may be required to do by governmental or licensees quasi-governmental authority or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlordcourt order or decree; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have use commercially reasonable efforts to minimize the right (but not the obligation) interference to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt business, employees and customers caused by the activities of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)its agents, contractors and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in employees under this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSection 7.1.

Tenant’s Obligations. Except as Tenant is solely responsible for causing the Project to be kept in good condition and state of repair. Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Project in any way, and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may otherwise be provided as Landlord’s obligation for in any law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for restoration pursuant to the terms of this Article 9Lease. Tenant shall, in all events, make all repairs promptly, and all repairs shall be in good, proper and workmanlike manner. In this regard and by way of example, Tenant shall keep the Premises exterior of the Project and the foundations, roof, and structural portions of the walls and roofs of the Improvements in good condition and repair repair; Tenant shall also keep the Project and every part thereof and any fixtures, facilities or equipment contained therein (including FF&E and Operating Equipment), in compliance with Landlord’s sustainability practices good condition and repair, including, without limitationbut not limited to, compliance with any LEED rating system (or other certification standard) applicable exterior doors, window frames and all portions of the facade area(s), columns, nonstructural walls and partitions, the heating, air-conditioning, ventilating, electrical, lighting, plumbing and sewer systems, and shall make all replacements thereof and of all broken and cracked glass which may become necessary during the Lease Term. Tenant shall provide for all scheduled servicing of the Project and maintain necessary maintenance contracts to assure proper maintenance of the Project. Subject As used in this Section, the term "repairs" shall include replacements and other improvements as are necessary to Section 14(dmaintain the Project in as good order and condition. If Landlord is required to make repairs by reason of Tenant's acts or omissions or those of Tenant's employees, agents, invitees, licensees or contractors, and provided that Landlord has first given Tenant thirty (30) belowdays notice of the need for such repairs and Tenant has failed to commence such repairs within said thirty (30) days or has failed thereafter to diligently pursue such repairs and complete all work within a reasonable period of time but immediately upon notice in the event of an emergency (that is, all damage or imminent danger of injury to the Premises persons or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectproperty), Landlord shall have the right (right, but shall not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant be obligated, after Tenant’s receipt of prior written notice and the reasonable opportunity of to Tenant to make said repair such repairs or replacements on behalf of and for the account of Tenant and Tenant does not make such repairs or replacements within five (5) business days from receipt of said written notice (or thereafter. In such period of time as may be reasonably necessary to complete event, such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost work shall be paid for in full by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentAdditional Rent.

Tenant’s Obligations. Except as expressly otherwise specifically provided -------------------- herein Tenant shall, at Tenant's expense, keep in good and safe condition, order and repair the Premises and every part thereof, including without limitation, (a) all plumbing, fire sprinkler and sewage systems, and all ducts, pipes, vents or other parts of the heating, ventilation and air conditioning system (the "HVAC") which service only the Premises (as Landlord’s obligation in this Article 9opposed to servicing an area larger than the Premises), (b) all electrical and lighting facilities, systems, appliances, and equipment within the Premises including all wiring therein, (c) all fixtures, interior walls, interior surfaces of exterior walls, floors, and ceilings, and (d) all windows, doors, entrances, all glass (including plate glass), and skylights located within the Premises, and the roof membrane. Tenant's responsibility for maintenance and repair shall include all such facilities or systems that are located on or within the walls and floor of the Premises. Tenant shall using properly qualified persons or contractors maintain, repair and replace when necessary all HVAC equipment which services only the Premises. If the Premises consists of the entire Building, and the Building is the only building on the property, then Tenant at its expense shall also (a) maintain and replace the landscaping on the Property and repair when necessary the parking areas on the Property, and (b) wash as and when needed to keep in a clean and sightly condition all windows and plate glass of the Premises (both interior and exterior surfaces). All repairs required to be made by Tenant shall be made promptly with new materials of like kind and quality. If the repair work affects the structural parts of the Building, or if the estimated cost of any item of repair exceeds $25,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used and the contractor. Tenant hereby waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition condition, order and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant specifically waives all rights to make repairs at it may have under Sections 1932(1), 1941, and 1942 of the expense of LandlordCalifornia Civil Code, and any similar or to deduct the cost thereof from the rentsuccessor statute or law.

Tenant’s Obligations. Except as expressly provided as Landlord’s Tenant hereby acknowledges that Landlord shall have no obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (to provide guard service or other certification standard) applicable to security measures for the Project. Subject to Section 14(d) below, all damage or injury to benefit of the Premises or Project. Any such security measures for the Project resulting from benefit of the act or negligence of Premises shall be provided by Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant's sole cost and expense. Tenant shall hire security personnel ("Tenant's Security Personnel"); provided that (i) Tenant's Security Personnel must not carry a firearm or other weapon, (ii) Tenant's Security Personnel must reasonably cooperate with Landlord's security personnel and reasonable rules and regulations reasonably established in writing by Landlord and delivered by written notice to the satisfaction of Landlord; provided, however, that Tenant relating to security and access control for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord and (iii) the security contractor (if any) providing Tenant's Security Personnel to Tenant hereunder shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the comply with Landlord's reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)insurance requirements, and charge Tenant for the cost thereof, which cost (iv) any third party security contractor shall be paid by Tenant within ten (10) business days from invoice from subject to Landlord's approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for the design and function of all non-standard improvements provide Landlord written notice of the Premisesnames of Tenant's Security Personnel prior to any of Tenant's Security Personnel performing security services hereunder. In addition, whether (a) Tenant's Security Personnel shall be licensed and bonded and shall at all times maintain any and all required licenses or not installed other governmental permits required in connection with any weapons carried by Landlord Tenant's Security Personnel and/or the performance of its duties under this Lease and shall at all times conduct themselves in a manner consistent with a first class office building project, (b) a commercially reasonable background check shall be performed on all of Tenant’s request's Security Personnel, and (c) all of Tenant's Security Personnel shall be union labor and comply with the Applicable Laws and Code. Except as otherwise expressly provided for in Subject to the terms of this Lease, Tenant waives hereby assumes all rights responsibility for the protection of Tenant and its agents, employees, contractors, invitees and guests, and the property thereof, from acts of third parties, including keeping doors locked and other means of entry to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentPremises closed.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9to the extent required to be performed by Landlord pursuant to Section 10.B below, Tenant shall be responsible at its cost to keep clean and maintain in good condition, the Premises in good condition interior and to maintain, repair and in compliance with Landlordreplace, as necessary, all Special Systems and other systems, fixtures and equipment installed by Tenant and/or serving only the Premises, reasonable wear and damage by insured casualty only excepted, and whenever necessary, to replace Premises glass damaged by Tenant or damaged on account of Tenant’s sustainability practices includinguse. Tenant’s maintenance of the Premises shall include, without limitation, compliance replacement of light bulbs, paint and carpeting within the Premises, and maintenance, repair and replacement of lighting and other electrical fixtures, kitchen and other plumbing fixtures, if any, within the Premises, Premises doors, locks and windows, and any and all facilities and utilities installed by Tenant and/or serving only the Premises, such as telephone and computer systems, cables and wires and all lines, wires, pipes and ductwork serving Tenant’s Special Systems and/or Special HVAC. Notwithstanding anything set forth herein, in the event Tenant requires any additional or upgraded heating, ventilation and air conditioning (“HVAC”) system, Tenant shall be responsible for installation thereof in accordance with Section 11, and shall be responsible to maintain in good operating condition, and to repair and replace as necessary any LEED rating system such additional or upgraded HVAC systems, including any such systems serving any Specialty Areas and/or Tenant’s local area network, computer systems and other Special Systems, and any other Tenant fixtures or equipment at the Premises which require heating, ventilation or air conditioning exceeding that required for customary office use (“Specialty HVAC”). Except for Premises Punch-List Items, as described in Exhibit B, which are to be completed after the Term Commencement Date, Tenant acknowledges by taking occupancy of the Premises that on the Term Commencement Date the Premises are then in good order and the glass whole. Tenant shall not permit the Premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. Tenant shall not erect any sign on the Building or otherwise at the Property (including interior signage visible from outside the Premises), except in accordance with Section 25 hereof. Tenant shall use and conduct Tenant’s business at the Premises in such a manner as to assure that no water, noise, fumes, odor or any other condition escapes or is emitted from the Premises that is reasonably asserted to be objectionable by Landlord or other certification standard) applicable to the Project. Subject to Section 14(d) belowtenants, all or which materially interferes with or in any material manner causes damage or injury nuisance to or upon the Property or any abutting tenant space or common area. The cost to repair damage caused by Tenant, Tenant’s employees, contractors, patrons, guests or invitees and others acting by, Landlord Initial Tenant Initial through or under Tenant (“Tenant Parties”) to the Premises or to other tenant property, the Project resulting from Building and the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, Property shall be promptly repaired borne by Tenant at its sole cost and expense, (subject to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionlimitations set forth in Section 15 hereof), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of emptying, transporting, disposing of, treating, or otherwise dealing with any hazardous, controlled or regulated materials or waste stored or used by Tenant or its guests, employees, invitees, contractors, or agents at the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for all of which shall be performed in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentstrict compliance with Applicable Laws.

Tenant’s Obligations. Except with respect to Landlord's obligations as expressly provided as Landlord’s obligation set forth in this Article 9Section 10.1 hereof, Tenant shall agrees that from and after the date that possession of the Demised Premises is delivered to Tenant, and until the end of the term hereof, it will keep the Premises neat and clean and maintain in good order, condition and repair the Demised Premises and in compliance with Landlord’s sustainability practices every part thereof, including, without limitation, compliance with any LEED rating system the store front and the exterior and interior portions of all doors, windows, plate glass and showcases surrounding the Demised Premises, all plumbing and sewage facilities within the Demised Premises (or other certification standard) applicable including all such facilities outside of the Demised Premises, but exclusively serving the Demised Premises, and assuring the free flow of Tenant's sanitary sewer line to the Project. Subject to Section 14(d) belowmain line serving the Demised Premises), all damage or injury to the Premises or the Project resulting from the act or negligence of Tenantfixtures and interior walls, its employeesfloors, agents or visitorsceilings, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right signs (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionincluding exterior signs where permitted), and charge Tenant for all wiring, electrical systems, sprinkler systems within the cost Demised Premises, interior building appliances and similar equipment. In the event of an emergency caused by damage or malfunction of a system, or component thereof, which cost within the Demised Premises, resulting in possible damage to another tenant's demised premises, or the Shopping Center, or affecting Landlord's systems, then Landlord may repair such damage or malfunction without notice to Tenant, and Tenant shall be paid by Tenant reimburse Landlord the costs thereof within ten (10) business days from invoice from Landlordafter Landlord invoices Tenant for the costs of such repairs. Tenant shall be responsible for keep the design Demised Premises in a first-class, tenantable, and function attractive condition throughout the term of all non-standard improvements this Lease. There is excepted from this paragraph, however, damage to the portions of the Premises, whether or not installed Demised Premises originally constructed by Landlord at Tenant’s request. Except as otherwise expressly provided for caused by those hazards which are covered by the policies of fire insurance and extended coverage endorsements carried by Landlord and described in this LeaseArticle XIII hereof Tenant further agrees that the Demised Premises shall be kept in a clean, Tenant waives sanitary and safe condition in accordance with the laws of the State of Texas and ordinances of the City of Dallas, and in accordance with all rights to make repairs at the expense of Landlorddirections, or to deduct the cost thereof from the rent.rules and

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable Subject to the Project. Subject to Section 14(d) belowprovisions of Article 10 (Casualty and Condemnation), all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, Tenant will keep all portions of the Premises (including, without limitation, all systems and equipment, dock levelers, bumpers, doors and floors, including slabs and slab repairs, crack filling and joint repairs) in good order, condition and repair (including repainting and refinishing, as needed). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant will promptly replace such portion of the Premises or system or equipment. At Tenant’s request, Landlord may perform Tenant’s maintenance and repair obligations under this Section 9.03 and Tenant will reimburse Landlord for all costs incurred, plus fifteen (15%) percent, in doing so within thirty (30) days of receipt of an invoice from Landlord. Tenant shall, at its sole cost and expense, enter into and maintain a contract with a certified third-party HVAC service contractor, providing for the periodic (at least quarterly) service, maintenance and repair of the HVAC system serving the Premises, which shall provide for a scope of work and periodic services, at a minimum, in accordance with manufacturer’s specifications. Tenant shall, at its sole cost and expense, enter into and maintain a contract with a certified pest control service contractor that shall provide pest control treatments to the satisfaction interior and exterior of the Premises at a minimum of 90-day intervals. Upon request by Landlord; provided, howeverTenant shall furnish Landlord with a copy of the current service contracts, that which contracts shall be in form and substance reasonably satisfactory to Landlord and a current certificate of insurance of the Tenant’s service contractor naming Landlord as an additional insured and such certificate shall be in form and substance and contain such coverages satisfactory to Landlord. In the event Landlord obtains an assignable warranty for damage any HVAC system servicing the Premises, to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectextent assignable, Landlord shall have assign to Tenant any such assignable warranty on parts and labor for the right (but not the obligation) to select the contractor and oversee all such repairsHVAC system. Landlord may make If any repairs which or maintenance required to be made or maintained by Tenant hereunder are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) days after written notice delivered to Tenant by Landlord, or within such lesser time as is reasonable to require in the event of an emergency, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to Tenant’s stock or business days from invoice from Landlord. by reason of such repairs; and Tenant shall be responsible for pay to Landlord upon demand, as additional rental hereunder, the design and function Landlord’s cost of all non-standard improvements such repairs plus interest thereon at the per annum rate set forth in Section 3.03, such interest to accrue continuously from the date of the Premises, whether or not installed payment by Landlord at until repayment by Tenant’s request. Except as otherwise expressly provided for in At the expiration or termination of this Lease, Tenant waives all rights shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to make repairs at be restored by Landlord pursuant to the expense of Landlord, or to deduct the cost thereof from the rent.terms hereof. Industrial Lease

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Paragraph 5.1 (b), Tenant shall keep shall, at all times during the Premises in good condition Lease Term and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Leased Premises and every part thereof including, without limiting the generality of the foregoing, (i) all interior walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning equipment, (vi) all entranceways to the satisfaction Leased Premises, and (vii) all paved areas. Tenant shall, at Tenant’s sole cost and expense, institute an industry standard preventative maintenance program using a qualified and licensed heating, ventilating and air conditioning company which regularly inspects and performs required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises. Notwithstanding the foregoing, Tenant shall have no obligation or liability for any roof maintenance or repair based on damage or wear and tear that existed prior to January 1, 2004, except to the extent that any act or omission of Landlord; providedTenant or any Tenant Related Party resulted or results in a violation of the roof warranty in effect as of the Lease Commencement Date. Tenant shall, howeverat all times during the Lease Term, that for keep in a clean and safe condition the Outside Areas. As needed, Tenant shall sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, repair all damage to the Project as a result Leased Premises caused by the activities of casualty Tenant, its employees, invitees or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not contractors promptly made by Tenant after Tenant’s receipt of following written notice and from Landlord to so repair such damages. If Tenant shall fail to perform the reasonable opportunity of Tenant required maintenance or fail to make said repair repairs required of it pursuant to this paragraph within five (5) business days from receipt of said written notice (or such a reasonable period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after following notice from Landlord to do so, then Landlord may, at its election and diligently pursues without waiving any other remedy it may otherwise have under this Lease or at Law, perform such maintenance or make such repairs and charge to completionTenant, as Additional Rent, the costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, both interior and exterior, is at the sole risk of Tenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind, size and quality. In the event Tenant’s obligations under this Paragraph 5.1 (a) require that Tenant make a repair, replacement or expenditure whose benefit extends beyond the Lease Term and which is deemed a capital improvement in accordance with generally accepted accounting principles, then Landlord shall pay the cost thereof; however, such cost shall be amortized by Landlord, on a straight-line basis, over the useful life of such item, utilizing an interest rate of zero percent (0%), and charge Tenant for the monthly amortized cost thereof, which cost of such any item so amortized shall be paid by included in the Property Maintenance Costs and charged to Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentAdditional Rent.

Tenant’s Obligations. Except as expressly provided as LandlordSubject to Tenant’s obligation rights set forth in Article 11 below and this Article 9Section 9.02, Tenant shall keep the Premises maintain, or cause to be maintained, in good condition working order the Premises, including the Buildings and repair any other improvements located thereon, the equipment serving the Buildings, and in compliance with Landlord’s sustainability practices the other improvements located thereon, including, without limitationlimiting the generality of the foregoing, compliance with any LEED rating system (or other certification standard) applicable roofs, foundations and appurtenances to the Project. Subject to Section 14(d) belowBuildings, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning and ventilation systems of the Projectlocated in or otherwise serving such Buildings, Landlord and all water, sewer and gas connections, pipes and mains which service such Buildings which neither any public utility company nor a public authority is obligated to repair and maintain, and shall have the right (but not the obligation) to select the contractor put, keep and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice maintain each Building, and the reasonable opportunity of Tenant to other improvements on such Parcel in good working order and make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably all repairs therein and thereon, interior and exterior, structural and nonstructural, necessary to complete such repairkeep the same in good working order and to comply with all applicable Laws, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for howsoever the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordnecessity or desirability therefor may occur. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for When used in this Lease, the term “repairs” shall include all alterations, installations, replacements, removals, renewals and restorations, and the phrase “good working order” or “good working condition” means good working order or good working condition, reasonable wear and tear, casualty and condemnation excepted. Notwithstanding the foregoing, (a) Tenant waives all rights also shall perform common area maintenance and repairs and other duties with respect to the Premises or any adjoining property to the extent that Landlord is required to do so under any REAs (whereupon Tenant shall be entitled to reimbursement from any third party pursuant to any such REAs), and (b) so long as no Default has occurred and is continuing and subject to Tenant’s obligation to maintain the Premises in good working order as set forth above, Tenant shall not be required to make any structural or capital repairs at or improvements to the expense Premises during the last two (2) years of Landlordthe Term. For purposes of this Section 9.02, “the last two (2) years of the Term” refers to the final years of the Term, as extended, and Tenant’s obligations to repair and maintain the Premises will continue during the last two (2) years of the initial Term with respect thereto or to deduct the cost thereof from the rentany Extension Period with respect thereto for which Tenant has exercised its Extension Option.

Tenant’s Obligations. Except as otherwise expressly provided as Landlordset forth in Section 11.01 above, Tenant, at Tenant’s obligation in this Article 9sole cost, Tenant shall keep the Premises and maintain in good first class appearance, safe order, condition and repair the Building and in compliance with Landlord’s sustainability practices every part thereof, including, without limitationlimitation all doors, compliance with door frames, door checks, other entrances, windows, window frames, glass and any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanicalsecurity grill, electrical, plumbing, heating, ventilation or air-heating and air conditioning systems of the Project, Landlord shall have the right and units (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time except as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionotherwise expressly set forth herein), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at any such units are located outside the Premises including any roof top HVAC units, plumbing, sewage, life safety systems, security, sprinkler systems, fire alarm systems, and any other mechanical or other Building systems serving the Premises, wall and floor coverings, ceilings, and Tenant’s request. Except Changes, and, except as otherwise expressly provided set forth in Section 11.01, shall perform all preventative maintenance and make all other repairs, replacements, renewals and restorations, interior and exterior, ordinary and extraordinary, foreseen and unforeseen, required to be made in and to the Building and the Premises. Tenant, at its sole cost, shall secure from a licensed and reputable HVAC contractor a service and maintenance contract for in this Leasethe HVAC system or units serving the Premises and acceptable to Landlord. Upon Landlord’s request, Tenant waives all rights shall procure at its cost an annual written report of the condition thereof and deliver the same to make repairs Landlord. The securing of such service contract by Tenant shall not relieve Tenant of its obligation to maintain and repair such equipment as above provided. The term “repair” as used herein shall include replacements and/or renovations, when necessary. Tenant shall surrender the Premises at the expense expiration of Landlordthe Term broom clean and in as good condition as when Tenant’s Work was completed or in such better condition as the Premises may be put during the Term, or to deduct the cost thereof from the rentexcepting only deterioration caused by ordinary wear and tear.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant shall, Tenant shall keep at all times during the Premises in good condition Lease Term and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the interior, non-structural portions of the Leased Premises and every part thereof, including, without limiting the generality of the foregoing, (i) all interior walls, floors and ceilings, (ii) all interior windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures within the Leased Premises, (iv) all interior sinks, toilets, and faucets and, to the satisfaction extent serving just the Leased Premises, plumbing, pipes, and drains, (v) all interior lighting fixtures, bulbs and lamps, (vi) any back-up generator(s), HVAC equipment, or other equipment installed by or at the request of LandlordTenant, (vii) all entranceways to the Leased Premises with respect to which Tenant and the Tenant Parties have exclusive access rights, and (viii) the Building elevator(s) during any period that Tenant is leasing the entire rentable square footage of the Building; provided, however, that Tenant shall not be required to maintain, repair, and replace those items which are Landlord’s obligation to maintain, repair, and replace pursuant to Paragraph 5.1(b) below. Tenant shall, at Tenant’s sole cost and expense, provide for its own janitorial service for the Leased Premises. Subject to Paragraph 9.3 below, Tenant shall, at its sole cost and expense, repair all damage to the Leased Premises, the Building, the Common Areas, the Property, or the Project as a result caused by the activities of casualty Tenant or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not Tenant Parties promptly made by Tenant after Tenant’s receipt of following written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within the notice and diligently pursues cure periods specified in Paragraph 12.1(b) below, then Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs to completion), and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All interior glass within or a part of the Leased Premises is at the sole risk of Tenant for the cost thereof, which cost and any broken glass shall promptly be paid replaced by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Leaseexpense with glass of the same kind, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentsize and quality.

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Paragraph 7.2 (Landlord’s obligation in this Article 9Obligations), Paragraph 9 (Damage or Destruction) and Paragraph 14 (Condemnation), Tenant shall shall, at Tenant’s sole cost and expense and at all times, keep the Premises and every part thereof in good order, condition and repair (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonable or readily accessible to Tenant and in compliance with Landlordwhether or not the need for such repairs occurs as a result of Tenant’s sustainability practices use, the elements or the age of such portion of the Premises) including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to limiting the Project. Subject to Section 14(d) belowgenerality of the foregoing, all damage equipment or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of facilities specifically serving the Premises, such as heating, ventilating and air conditioning (“HVAC”), plumbing, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights, but excluding any items which are the responsibility of Landlord pursuant to Paragraph 7.2 below. Heating, ventilation and air conditioning systems serving the Premises shall be promptly repaired by Tenant operated at its Tenant’s sole cost expense and shall be maintained, at Tenant’s sole expense, pursuant to the satisfaction of Landlordmaintenance service contracts entered into by Tenant; provided, however, that for damage to the Project as a result scope of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord services and contractors under such maintenance contracts shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid approved by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for removal of snow and ice from the design and function of all non-standard improvements of sidewalks adjacent to the Premises, whether or not installed by Landlord at . Tenant’s requestobligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Except as otherwise expressly provided Landlord shall grant Tenant the benefit of any assignable warranty covering the equipment serving the Premises for in this Lease, which Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentis responsible hereunder.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9During the Term, Tenant shall keep the Premises in good condition and repair and in compliance shall, at Tenant's expense, comply with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable all Applicable Laws relating to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage Landlord shall perform all physical modifications to the Project as a result of casualty or for Premises necessary to comply with Applicable Laws unless such physical modifications are (a) triggered by Tenant's Alterations (provided, however, that Landlord, at its expense and not to be included in Operating Expenses, shall make any repairs that may impact modifications to the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems outside of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs Building which are not promptly made triggered by Tenant after Tenant’s receipt of written notice Alterations, such as adding ADA access ramps, reconfiguring or restriping parking areas and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid responsible, at Tenant’s expense for modifications required inside the Building, such as changes to bathroom facilities, hallways or inside entranceways); or (b) necessitated by Tenant within ten (10) business days from invoice from Landlord. Tenant's use of the Premises for other than general office use, as to all of which Tenant shall be responsible for such physical modifications. Notwithstanding the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Leaseforegoing, Tenant waives shall have the right to contest any alleged violation in good faith (whether such alleged violation is asserted by a governmental authority or private party), including, but not limited to, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Applicable Laws and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Applicable Laws, provided that Tenant shall (i) indemnify, defend and hold Landlord harmless from and against all Claims relating to such alleged violation and (ii) after the exhaustion of any and all rights to appeal or contest, make repairs all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Landlord agrees that it will not, absent an enforcement action by a governmental authority having jurisdiction, independently assert that any violation of Applicable Laws that is not also a breach of another obligation of Tenant constitutes a default on the part of Tenant hereunder or independently require Tenant to cure any violation or alleged violation of Applicable Laws that is not also a breach of another obligation of Tenant, except to the extent such violation constitutes an imminent and material threat to life or property or exposes Landlord to material liability or criminal liability or increases any costs which Landlord cannot fully recover from Tenant. Further, in no event may Landlord require Tenant to cure any violation or alleged violation of Applicable Laws that is not also a breach of another obligation of Tenant or to pay any sum in lieu thereof upon the expiration or earlier termination of this Lease as to all or a portion of the Premises unless an enforcement action by a governmental authority having jurisdiction is pending at the expense time of Landlordsuch expiration or termination, except to the extent such violation constitutes an imminent and material threat to life or property or exposes Landlord to deduct the cost thereof material liability or criminal liability or increases any costs which Landlord cannot fully recover from the rentTenant.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall at all times and at its -------------------- own expense clean, keep the Premises and maintain in good order, condition and repair every part of the Premises (including Tenant's fixtures and in compliance with personal property) which is not within Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject 's obligation pursuant to Section 14(d) below8A. Tenant's repair and maintenance obligations shall include, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of plumbing and sewage facilities within the Premises, fixtures, interior walls and ceiling, floors, windows, doors, entrances, plateglass. showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Tenant shall also be responsible for all pest control within the Premises. Tenant shall obtain HVAC systems preventive maintenance contracts with bimonthly or monthly service in accordance with manufacturer recommendations, which shall be promptly repaired subject to the reasonable prior written approval of Landlord and paid for by Tenant, and which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking at sheet metal, and recaulking of jacks and vents on an annual basis. Tenant shall have the benefit of all warranties available to Landlord regarding the equipment in such HVAC systems. Alternatively, Landlord may elect to perform all repairs and maintenance itself, at its sole cost and Tenant's expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the Building's mechanical, electricalelectrical or other systems in the Premises (e.g., plumbingHVAC, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor life safety and oversee all such repairsautomatic fire extinguisher/sprinkler systems). Landlord may make also perform any maintenance or repairs which are not promptly made by itself, at Tenant's expense, to the extent Tenant after Tenant’s receipt of written notice and the reasonable opportunity of fails to perform such maintenance or repairs as required herein; provided that Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary has failed to complete such repair, if Tenant commences repairs within thirty (30) days of receipt of Landlord's written notice regarding the same (or commenced such repair repairs within five (5) business days after notice from Landlord such 30-day period and diligently pursues thereafter completed such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten sixty (1060) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense receipt of Landlord, or to deduct 's written notice if the cost thereof from the rentnature of such repairs required more than thirty days).

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Paragraph 7.2 (Landlord’s obligation in this Article 9's Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall shall, at Tenant's sole cost and expense and at all times, keep the Premises and every part thereof in good condition order, condition, and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (whether or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to not such portion of the Premises requiring repair, or the Project resulting from means of repairing the act same, are reasonably or negligence of Tenant, its employees, agents readily accessible to Tenant and whether or visitors, guests, invitees or licensees or by not the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that need for damage to the Project such repairs occurs as a result of casualty Tenant's use, any prior use, the elements, or for any repairs that may impact the mechanicalage of such portion of the Premises) including, electricalwithout limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilation ventilating, air conditioning, electrical, lighting facilities, boilers, fired or air-conditioning systems unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of the Projectexterior walls, Landlord shall have the right (ceilings, floors, windows, doors, plate glass, and skylights, but not the obligation) to select the contractor and oversee all such repairs. Landlord may make excluding any repairs items which are not promptly made by Tenant after the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice ('s obligations shall include restorations, replacements, or such period of time as may be reasonably renewals when necessary to complete such repairkeep the Premises and all improvements thereon or a part thereof in good order, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)condition, and charge state of repair. Tenant shall also be solely responsible for the cost thereof, which cost shall be paid of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant within ten (10) business days from invoice from Landlordor Tenant's employees, contractors, agents, guests or invitees. If Tenant shall be responsible for refuses or neglects to perform its obligations under this paragraph to the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense reasonable satisfaction of Landlord, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant's Property or to deduct the cost thereof from the rentTenant's business by reason thereof. If Landlord performs any such obligations, Tenant shall pay to Landlord, as Additional Rent, Landlord's costs and expenses incurred therefor.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep As of the Premises Delivery Date, the portion of the Premises consisting of Landlord's Work shall be in good working condition and repair and in compliance with Landlord’s sustainability practices includingthe Work Letter, without limitationand Landlord hereby warrants the same during the Warranty Period and shall repair or replace, compliance as necessary, any such components of the Premises which are not in good working condition to the extent Tenant provides written notice thereof to Landlord within the Warranty Period. Except as expressly set forth in this Paragraph 7.1 and Paragraph 1.2 and Paragraph 5.1, above, the Premises shall be delivered to, and accepted by. Tenant in its "as is" condition with "all faults," and, excepting any LEED rating system defective components (or other certification standardnoncompliance with Laws) applicable to the Project. Subject to Section 14(d) below, all damage or injury to of the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired noted by Tenant at its sole cost and expense, to in writing during the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the ProjectWarranty Period, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the right Premises, the remainder of the Property or any part thereof either prior to or during the Term, except as expressly set forth in Paragraph 7.2, below. By taking possession of the Premises Tenant agrees that the Premises (and the Property) are suitable for Tenant's purposes and in good and tenantable condition. During the Term, Tenant, at Tenant's expense, but under the direction of Landlord if Landlord so elects, shall clean, keep and maintain in good order, condition and repair (and replace, if necessary) every part of the Premises and the remainder of the Property which is not part of Landlord's obligation pursuant to Paragraph 7.2 of this Lease, said obligation of Tenant to include (but not be limited to) all Building Systems (including the obligationBuilding's HVAC systems and all components thereof (including all machinery, equipment, wires, conduits and lines), the interior of all walls, all floors and floor coverings, ceilings (ceiling tiles and grid), the Tenant Improvements, any Alterations installed by Tenant, fire extinguishers, outlets and fixtures, any appliances (including dishwashers, hot water heaters Mid garbage disposals), and all windows, doors, entrances, and plate glass. Tenant shall maintain an HVAC maintenance contract with a reputable HVAC contractor approved by Landlord in Landlord's reasonable discretion and shall provide Landlord copies of reports received by Tenant firom the HVAC contractor regarding the maintenance and repair of the HVAC system, and permit Landlord to call the HVAC contractor directly in the event of an emergency. Tenant acknowledges and agrees that it has inspected, or immediately after taking possession of the Premises will inspect, the Property (including the Premises) to select the contractor and oversee all such repairs. Landlord may make that Tenant is not relying on any repairs which are not promptly representations or warranties made by Tenant after Tenant’s receipt Landlord regarding the Premises or any other part of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time Property, except as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for set forth in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.. 7.2

Tenant’s Obligations. (a) Except as expressly provided as Landlord’s obligation in this Article 9for elsewhere herein, Tenant shall keep the Premises in good order, condition and repair and in compliance with Landlord’s sustainability practices includingduring the Lease Term, including without limitation, compliance with any LEED rating system all non-structural, interior and exterior portions thereof, the exterior and interior portion of all doors, truck doors, windows, plate glass, all plumbing and sewage facilities within the Premises (or other certification standard) applicable including maintaining free flow up to the Project. Subject to Section 14(d) belowmain sewer line); interior fixtures, all damage sprinkler system, walls, floors and ceilings in the Premises; and any work performed by or injury to on behalf of Tenant hereunder, but expressly excluding the structural components of the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, which shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord’s responsibility; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems if structural components of the ProjectPremises (e.g., Landlord roof structure or exterior walls) are damaged by virtue of Tenant’s use thereof or Tenant’s activities at the Premises, then Tenant shall have the right be solely liable for all repairs thereto, which repairs shall, at Landlord’s option, be performed (but not the obligationi) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five or (5ii) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from by Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid reimbursed by Tenant within ten (10) business days from invoice from Landlordof billing therefor. Tenant shall be responsible for the design and function of all non-standard improvements of the Premisesalso maintain a preventive maintenance contract, whether or not installed by Landlord at Tenant’s requestexpense, providing for the regular inspection and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor. Except as otherwise expressly provided However, Landlord shall have the right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of the heating and air conditioning system, at Tenant’s expense. Tenant shall promptly replace any portion of the Premises or system or equipment in this Leasethe Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and Tenant that, at all times during the Lease Term, Tenant waives all rights to make repairs at shall maintain the expense of LandlordPremises in an attractive, or to deduct the cost thereof from the rentfirst class and fully operative condition.

Tenant’s Obligations. Except as expressly provided as LandlordIn connection with any such access, pursuant to this Paragraph 8.1 or otherwise, by Tenant or Tenant’s obligation in this Article 9contractors and other agents, Tenant agrees: to cease promptly upon request of Landlord any activity which shall keep interfere with or delay the Premises in good condition completion of the Tenant Improvements or the Commencement Date; and repair to comply and in compliance cause Tenant’s contractors and agents to comply promptly with Landlord’s sustainability practices all procedures and regulations prescribed by Landlord from time to time. SCHEDULE 2 Summary of Approved Bid EXHIBIT “F” PARKING AGREEMENT Landlord shall make available to Tenant at the commencement of the Term of this Lease the non-exclusive right to use, up to seventeen (17) total parking space including the amount of Parking Garage Spaces shown below, of the parking surface adjacent to the Building (the “Surface Lot”) within which tenants, and their employees, agents, advisors and invitees, may park. There will be no charge for such use of the Surface Lot by Tenant or its employees, agents, advisors or invitees during the Term of the Lease. Landlord reserves the right to designate specific areas and spaces on the Surface Lot for specific designated uses (including, without limitation, compliance with designation of certain spaces for exclusive or reserved use by designated persons or parties). Tenant shall not, however, be entitled to exclusive use of such designated parking spaces (unless granted such rights by Landlord in writing) and Landlord may, in its sole discretion, reassign the location of such designated parking spaces from time to time or at any LEED rating system (or other certification standard) applicable time. Landlord further reserves the right to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by promulgate rules and regulations for the use of all parking areas from time to time or at any time during the PremisesTerm of this Lease. Tenant agrees that it will employ its best efforts to prevent the use by Tenant’s employees, agents, visitors and invitees of parking spaces allocated to other tenants or designated uses. In addition to the parking spaces in the Surface Lot, Landlord shall be promptly repaired by make available to Tenant at its sole cost and expense, the commencement of the Term of this Lease the use of nine (9) monthly parking cards (the “Cards”) to be used for gaining access to the satisfaction of LandlordBuilding parking garage (the “Parking Garage”); provided, however, that for damage the issuance and use thereafter of such Cards shall be only upon and subject to the Project as a result terms and conditions of casualty or for any repairs this Exhibit “F”; provided, further, that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Tenant must notify Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant in writing within ten (10) business days from invoice from of the commencement of the Lease as to whether or not Tenant desires any or all of the Cards (which notice shall include identification of the specific persons who will utilize such Cards); provided, further, that Tenant shall notify Landlord in writing if the person(s) identified to utilize any such Card(s) shall change, and Tenant shall return any Cards not then being utilized by an authorized employee, agent, visitor or invitee of Tenant if such failure of use continues for ten (10) days or more at any time during the Lease Term. In the event Tenant does not elect to use any or all of the Cards within the aforesaid ten (10) day notice period, or thereafter terminates its right to the use of one or more of the Cards, or in the event of the expiration or earlier termination of this Lease, Landlord shall have no further obligation to make Cards available to Tenant; and any Cards theretofore issued to or for the use of Tenant shall, upon such termination of Tenant’s right to use of the Cards or expiration or termination of this Lease, be returned immediately by Tenant to Landlord. In the event that any of the Cards issued to or for the use of Tenant, or Tenant’s employees, agents, visitors or invitees, are damaged or lost, Tenant shall be responsible required to pay to Landlord the then customary fee of Landlord for re-issuing a Card that has been so damaged or lost, which payment shall be a condition prerequisite to Landlord’s re-issuance (if applicable) of any replacement Card(s) to Tenant. In the design and function of all non-standard improvements event Tenant elects to use the Cards, Tenant shall contract directly with the operator (the “Operator”) of the PremisesParking Garage and pay the security deposits and rental fees plus any applicable taxes for such Cards from time to time charged by the Operator. As a concession to Tenant, whether or not installed by Landlord is granting the nine (9) Parking Garage Cards at Tenant’s requesta discounted rate of Twenty Five and No/Dollars ($25.00) per space per month. Except as otherwise expressly provided for Also in consideration of this Lease, Landlord will grant Tenant waives years Four (4) and Five (5) at no charge as long as Tenant pays for all rights nine parking cards years One thru Three (1 – 3) and years Six thru Ten (6 – 10) of this lease. It is hereby agreed and understood that Landlord’s sole obligation hereunder is to make repairs at the expense Cards and the Parking Garage available to Tenant. Tenant’s right to the use of such “Cards and its right to park vehicles on the Property shall be subject to compliance with the rules and regulations promulgated from time to time by the Operator and the Landlord and shall be subject to termination for the violation of any such rules or regulations upon notice from the Operator or Landlord. Landlord shall have no liability whatsoever for any property damage and/or personal injury which might occur as a result of, or in connection with, the use of the Parking Garage or the Surface Lot by Tenant, its employees, agents, invitees and licensees, and Tenant hereby agrees to indemnify and hold Landlord and the Operator harmless from and against any and all costs, claims, expenses, and/or causes of action which Landlord may incur in connection with or arising out of the use of the Cards, Parking Garage or Surface Lot by Tenant, its employees, agents, invitees and licensees. EXHIBIT “G” ACCEPTANCE OF PREMISES MEMORANDUM THIS ACCEPTANCE OF PREMISES MEMORANDUM (this “Memorandum”) is an amendment to that certain Office Building Lease (the “Lease”) dated _________________, 2005, between Hall 2801 Network Associates, Ltd., a Texas limited partnership, as Landlord, or to deduct and Avatar Systems, Inc., as Tenant, covering those certain Premises (as defined in the cost thereof from the rent.Lease) commonly known as Xxxxx 000, 0000 Xxxxxxx Xxxxxxxxx, Xxxx of Frisco, Collin County, Texas. Tenant hereby stipulates, agrees and acknowledges that:

Tenant’s Obligations. By entry hereunder, Tenant shall be deemed to have accepted the Property as being in good condition and repair. Except as expressly provided as Landlord’s obligation in to the extent Landlord is specifically responsible therefor under this Article 9Lease, Tenant shall, at Tenant's sole cost and expense, make all repairs to, and provide all maintenance for the Premises and all improvements therein and thereon. At all times during the Term, Tenant shall keep the Premises in good condition order and repair, and in a safe, clean, neat and sanitary condition. Except to the extent Landlord is specifically responsible therefor under this Lease, Tenant's obligations of maintenance and repair shall include by way of illustration, and in compliance with Landlord’s sustainability practices including, without not limitation, compliance with the maintenance and repair of any LEED rating storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring as well as the maintenance, and repair of those conduits and the heating, ventilating and air conditioning ("HVAC") system servicing the Premises (when there is an air conditioning system). Tenant shall, upon the expiration or other certification standard) applicable sooner termination of this Lease, surrender the Premises to the ProjectLandlord in good condition, broom clean, ordinary wear and tear excepted. Subject to Section 14(d) below, all Any damage or injury to the Premises or the Project resulting from the act or negligence of caused by Tenant, its employees, agents or visitors, guests, invitees or licensees or by the 's use of the Premises, Premises shall be promptly repaired by Tenant at its the sole cost and expenseexpense of Tenant. If Tenant refuses or fails to commence repairs or maintenance for which Tenant is responsible under this Lease within a reasonable time, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly later than ten days following written notice or demand made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct adequately and diligently complete such repairs or maintenance within a reasonable time thereafter, Landlord may enter the cost thereof from the rent.Premises and perform such obligation without liability to Tenant for any loss or damage to Tenant caused

Tenant’s Obligations. Except as expressly provided as LandlordTenant will, at Tenant’s obligation in this Article 9own expense at all times during the Term: (a) maintain the entire Premises, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with replacement of bulbs, tubes or ballasts in any LEED rating system lighting fixtures, all interior walls and ceilings, all fixtures and equipment in the Premises, all portions (including interior and exterior portions) of all doors and related hardware and jambs within or other certification standard) applicable providing access to the Project. Subject to Section 14(d) belowPremises, all damage or injury to glass including all interior windows and exterior windows that are located in and on the Premises or (the Project resulting from maintenance of which shall include, but not be limited to, window washing), all other interior and exterior aspects of the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use storefront of the Premises, shall be including doors, and those portions of any mechanical, plumbing or electrical systems that exclusively serve or are located within the Premises in good order and repair and in a condition that complies with all applicable Laws; and (b) promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for adequately repair all damage to the Project as a result Premises and replace or repair all of casualty or for any repairs that may impact such fixtures, equipment, window glass, doors and related hardware and jambs, all under the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems supervision and subject to the prior reasonable approval of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-also at its own expense provide standard improvements maintenance to portions of the Premisesmechanical, whether plumbing and electrical systems as needed. All work done by Tenant or not installed by Landlord its contractors (which contractors will be subject to Landlord’s approval) will be done in a professional and workmanlike manner using only grades of materials at Tenant’s requestleast equal in quality to the materials in the Premises and will comply with all insurance requirements and all applicable Laws. Except as otherwise expressly provided for in this LeaseIn performing any repairs, Tenant waives will cause the repairs to be made in a manner that complies with all rights to make repairs at applicable accessibility Laws, including, without limitation, the expense of Landlord, or to deduct Americans with Disability Act (the cost thereof from the rent“ADA”).

Tenant’s Obligations. Except Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (including all non-structural interior portions, supplemental HVAC systems and equipment; interior surfaces of exterior walls, interior moldings, partitions and ceilings) in as expressly provided good order, condition and repair as Landlord’s obligation they were on the Commencement Date, reasonable wear and tear and damage from fire and other casualties excepted. In the event that compliance with any Laws is required after the Commencement Date, which is due in this whole or in part to Tenant's specific use of the Premises (as opposed to general office use) and/or Tenant's specific actions or inactions with respect to the Premises, the cost of compliance shall be Tenant's sole responsibility. Likewise, in the event any governmental authority requires any alterations to the Building or the Premises as a result of Tenant's particular use of the Building or as a result of any alterations to the Premises by Tenant, Tenant shall be obligated for the cost of all such alterations. In the event such alterations involve the structural, mechanical, electrical, life safety or heating and air conditioning systems of the Building ("Structural Alterations"), Landlord shall make such repairs after Tenant deposits with Landlord an amount sufficient to pay for the cost thereof. In the event the alterations are not Structural Alterations, Tenant shall make the repairs, at Tenant's sole cost and expense, subject to the requirements of Article 9, 9 below. Tenant shall keep the Premises in good a neat and sanitary condition and repair and in compliance with Landlord’s sustainability practices includingshall not commit any nuisance or waste on the Premises or in, without limitation, compliance with any LEED rating system (on or other certification standard) applicable to about the ProjectProperty. Subject to Section 14(d) below, all All uninsured damage or injury to the Premises or to the Project resulting from the act Property caused by Tenant installing, removing or negligence transporting any furniture, fixtures, equipment or other property of Tenant, its employeesagents, agents contractors, servants or visitors, guests, invitees or licensees or by the use of the Premises, employees shall be repaired, restored and replaced promptly repaired by Tenant at its sole cost and expense, expense to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be solely responsible for the design for, shall indemnify, protect and function of all non-standard improvements defend Landlord against and hold Landlord harmless from, any penetrations or perforations of the roof or exterior walls to the Building caused by Tenant. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises in a first-class and fully operative condition. All repairs made by Tenant shall be at least equal in quality and workmanship to the original work and shall be made by Tenant in accordance with all Laws. The maintenance obligations of Tenant shall apply even if Tenant has vacated the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant agrees at all times, Tenant shall keep from and after delivery of possession of the Premises in good condition to Tenant, to notify Landlord immediately of any and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to defects of the Premises or the Project resulting from the act or negligence of Land subject to this Lease. Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, will repair and maintain in good and tenantable condition the Premises and every part thereof, excluding the exterior walls and structural parts of the Premises, electrical, plumbing, septic, heating, ventilation and air conditioning equipment and structural floor (floor covering, including carpeting, terrazzo tile or other flooring to be maintained by Tenant) unless caused by Tenant's negligence (in which event Landlord shall make or cause to be made such repairs but Tenant shall promptly upon demand reimburse Landlord for the cost and expense of all such repairs, and including without limitation all Tenant's signs, locks and closing devices, and all window sash, casement or frames, doors and door frames, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required to comply with all environmental, remedial and other laws, ordinances, rules, directions, regulations, requirements, guidelines and orders of governmental and public bodies and agencies now or hereafter in effect from time to time which shall impose any duty upon Landlord or Tenant with respect to the satisfaction use, occupation or alteration of Landlordthe Premises, including but not limited to the Americans with Disabilities Act. As used in this Section 9(b), the term "exterior walls" shall not be deemed to include the store front or store fronts, plate glass, window cases, window frames, doors or door frames. All glass, both interior and exterior, is at the sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall not be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed glass broken due to vandalism by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentthird parties.

Tenant’s Obligations. Except as expressly provided to the extent specifically identified as Landlord’s obligation 's responsibility in this Article 9subsection (b), below, Tenant shall shall, at its own expense, keep the Premises Demised Premises, and every part thereof, including, but not by way of limitation, the grounds, landscaped areas, truck parking and loading and dock areas, the roof and roof membrane, drainage swalxx, xxtters, downspouts, glass, interior and exterior portions of the Building, and the plumbing, heating, air-conditioning, wiring, elevators and other mechanical systems therein, the facilities thereof and ail sidewalks, parking areas, driveways, passageways and alleys adjacent thereto and other appurtenances thereunto belonging, in good order, appearance, condition and repair (reasonable wear and tear excepted), free of obstructions, dirt, and rubbish, and so as so comply fully and at all times with all Applicable Laws consistent with other first-class business and industrial parks in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable the northern portions of San Diego County. Tenant agrees to make all replacements and repairs to the ProjectDemised Premises necessary to maintain the Demised Premises in the condition described in the preceding sentence. Subject to Section 14(dTenant, at its own expense, shall also seal (paint) belowthe exterior of the Building periodically during the Term (including the Option Terms) of this Lease in accordance with the recommendations of the manufacturer of the material used for the exterior of said Building. All repairs, all damage or injury replacements and renewals shall be at least equal in quality and class to the Premises or original work. Any and all warranties to which Landlord is entitled in connection with the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use development and construction of the Demised Premises, shall be promptly repaired by assigned to Tenant at its sole cost when and expensewhere appropriate, to on a non-exclusive basis, for the satisfaction Term of Landlord; provided, however, that this Lease. Because Tenant is undertaking the responsibility for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems most aspects of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements ongoing maintenance of the Demised Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights the provisions of California Civil Code Sections 1941 and 1942 with respect to Landlord's obligations for tenantability of the Demised Premises and Tenant's right to make repairs at the expense of Landlord, or to and deduct the cost thereof expenses of such repairs from the rentRent.

Tenant’s Obligations. Except as expressly provided as Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s obligation in express responsibility under this Article 9Lease, Tenant shall and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and in compliance with Landlord’s sustainability practices includingmaintenance obligations include, without limitation, compliance repairs to: (a) floor coverings; (b) window coverings (if any, and without limitation of the prohibition in the Building Rules and Regulations of Tenant’s installing any window coverings without Landlord’s prior written consent); (c) interior partitions; (d) interior doors; (e) the interior side of demising walls; (f) Cable; (g) kitchens located within the Premises, including, but not limited to, any appliances therein, and (h) Alterations, fixtures and equipment installed by Tenant. Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any LEED rating system (such conditions. Tenant may request that Landlord provide particular repair or other certification standard) applicable maintenance services to the ProjectPremises. Landlord may provide such requested services to Tenant, at Landlord’s option, provided that Tenant shall pay Landlord’s out of pocket cost of such repairs or maintenance, plus a service charge equal to fifteen percent (15%) of the cost of such repairs (the “Service Charge”). Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense12.4, to the satisfaction extent applicable, Tenant shall reimburse Landlord for the cost of Landlord; provided, however, that for repairing damage to the Project as a result of casualty Building or for any repairs that may impact Premises caused by the mechanicalwrongful acts, electrical, plumbing, heating, ventilation negligence or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity willful misconduct of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if the Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentParties.

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Paragraph 7.2 (Landlord’s obligation in this Article 9Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall shall, at Tenant’s sole cost and expense and at all times, keep the Premises and every part thereof in good condition order, condition, and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (whether or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to not such portion of the Premises requiring repair, or the Project resulting from means of repairing the act same, are reasonably or negligence of Tenant, its employees, agents readily accessible to Tenant and whether or visitors, guests, invitees or licensees or by not the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that need for damage to the Project such repairs occurs as a result of casualty Tenant’s use, any prior use, the elements, or for any repairs that may impact the mechanicalage of such portion of the Premises) including, electricalwithout limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilation ventilating, air conditioning, electrical, lighting facilities, boilers, fired or air-conditioning systems unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of the Projectexterior walls, Landlord shall have the right (ceilings, floors, windows, doors, plate glass, and skylights, but not the obligation) to select the contractor and oversee all such repairs. Landlord may make excluding any repairs items which are not promptly made by Tenant after the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (obligations shall include restorations, replacements, or such period of time as may be reasonably renewals when necessary to complete such repairkeep the Premises and all improvements thereon or a part thereof in good order, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)condition, and charge state of repair. Tenant shall also be solely responsible for the cost thereof, which cost shall be paid of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant within ten (10) business days from invoice from or Tenant’s employees, contractors, agents, guests or invitees to the extent not actually paid for by insurance carried or required to be carried by Landlord. If Tenant shall be responsible for refuses or neglects to perform its obligations under this paragraph to the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense reasonable satisfaction of Landlord, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant’s Property or to deduct the cost thereof from the rentTenant’s business by reason thereof. If Landlord performs any such obligations, Tenant shall pay to Landlord, as Additional Rent, Landlord’s reasonable costs and expenses actually incurred therefor.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in take good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use care of the Premises, shall be promptly repaired by Tenant at its sole cost Building, equipment serving the Building, and expensethe other improvements, to including, without limiting the satisfaction generality of Landlord; providedthe foregoing, howeverroofs, that for damage to the Project as a result of casualty or for any repairs that may impact the foundations and appurtenances thereto, all mechanical, electrical, plumbing, and heating, ventilation or air-conditioning and ventilation systems located in or otherwise serving the Building, all sidewalks, vaults, sidewalk hoists and curbs in front of or adjacent to the Premises, all other common areas of the ProjectPremises maintained or required to be maintained by Tenant as of the date hereof and all water, Landlord sewer and gas connections, pipes and mains which service the Premises and which neither any public authority nor a utility company is obligated to repair and maintain, and shall have put, keep and maintain the right (but Building and the other improvements in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable laws, and the Restrictions, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear, obsolescence or defects, latent or otherwise, and including, complying with and correcting any deficiencies identified by the obligation) to select Village of University Park in any inspection of the contractor Premises. The necessity and oversee all such repairs. Landlord may make any adequacy of repairs made shall be measured by standards which are not promptly made by Tenant after Tenant’s receipt appropriate for buildings of written notice similar age and construction, as applicable, provided, however, the reasonable opportunity of Tenant decision whether an item needs to make said repair within five (5) business days from receipt of said written notice (be replaced or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost repaired shall be paid by Tenant within ten (10) business days from invoice from made at Landlord’s reasonable discretion. Tenant shall be responsible for the design not commit or suffer, and function of shall use all non-standard improvements of reasonable precaution to prevent, waste, damage or injury to the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for When used in this Lease, the term “repairs” shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant waives shall be at least equal in quality and class to the original work and shall be made in compliance with all rights to make repairs at the expense of LandlordRestrictions, or to deduct the cost thereof from the rentas then in force.

Tenant’s Obligations. Except as expressly provided as for Landlord’s obligation in this Article 9obligations set forth above, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to shall keep, repair and maintain the satisfaction of Landlord; providedPremises and all fixtures and equipment thereat, howeverincluding, that for damage to the Project as without limitation, floor (other than structural repair and maintenance, which is a result of casualty or for any repairs that may impact the mechanicalLandlord obligation), electricalepoxy seals, plumbing, heating, ventilation or air-conditioning systems conditioning, electrical, gas, water, sewerage, lighting and similar systems, fixtures and equipment as well as the interior of the ProjectPremises (including interior walls, ceiling and floor coverings), window glass, loading docks, exterior steps, and doors and permitted signs of Tenant on the outside of the Building in good repair, order and condition (including making replacements as necessary) and in accordance with all Laws. Tenant shall not access or enter upon the roof of the Building and shall not place or maintain any equipment or other items thereon. Tenant shall keep the Premises clean and in good order and shall arrange and pay for all garbage and refuse removal. All repairs, maintenance and replacements to be made or performed by Tenant shall be performed in a good and workmanlike manner in accordance with Laws and the provisions of this Lease and shall be at least the same quality and design as the original work or item. Tenant shall, at Tenant’s expense, enter into a maintenance contract with respect to the HVAC system serving the Premises and, at Landlord’s request, shall enter into maintenance contracts with respect to other systems serving the Premises, in each case with a contractor reasonably approved by Landlord. Provided Tenant is complying with Tenant’s maintenance obligations relating to the HVAC system serving the Premises as aforesaid, Landlord and Tenant shall each pay fifty percent (50%) of any required repair costs with respect thereto. In the event that any of the HVAC system serving the Premises as of the date hereof is required to be replaced during the Term (as reasonably determined by Tenant’s HVAC contractor and agreed by Landlord’s HVAC contractor), Landlord, at Landlord’s sole cost and expense, shall cause such HVAC unit to be replaced. Thereafter during the Term, Tenant, at Tenant’s sole cost and expense, shall be responsible for all maintenance, repairs and replacement of any such HVAC unit replaced by Landlord. In the event that Tenant fails to comply with its obligations as aforesaid, in addition to its other rights and remedies hereunder, Landlord shall have the right (but not to enter the obligation) to select the contractor Premises and oversee all cure such repairs. failure at any time without any notice, in which event Tenant shall reimburse Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premisesas Additional Rent, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentupon demand.

Tenant’s Obligations. Except as expressly provided as Landlord’s Throughout the Lease Term and all renewals and extensions thereof, if any, it shall be the duty and obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, unless caused by the gross negligence or intentional acts or omissions of Landlord or its agents, employees, contractors or invitees regardless of the cause or fault, to take good care of the satisfaction Premises, including, but not limited to, maintenance of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heatinginterior walls and surfaces (including the interior surface of exterior walls) , ventilation or air-conditioning systems windows, window glass, plate glass, doors, floors and all other parts of the ProjectLeased Premises and all other improvements on the Leased Premises in good repair and condition, Landlord shall have the right normal wear and tear and casualty excepted. (but not the obligationas used in Section 15) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design cost and function expense of all non-standard improvements repairs, maintenance and replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, necessary to maintain the Premises in good repair and condition (ordinary wear and tear and casualty (as used in Section 15) alone excepted). All repairs, replacements and renewals, when necessary, made by Tenant shall be performed in a good and workmanlike manner, and shall be equal in quality and class to the original work. It is understood that Tenant shall have the benefit of contractor and manufacturing warranties and guarantees to the extent provided in Section 3 above in connection with Tenant's discharge of its obligations under this paragraph, and that Tenant shall have no obligation to make any structural repairs to the Building unless the need therefor is caused by Tenant's (or its agents' or employees') acts or negligence or breach of its obligations under this Lease and then to the extent such structural repairs are not covered by landlord's insurance on the Building, including any applicable Landlord deductibles. Landlord, for Tenant's account, shall obtain a maintenance and service contract covering the components of the Building ("HVAC") that serve solely the Leased Premises, whether and Tenant shall reimburse Landlord, as Additional Rent, for the entire cost and expense of such contract. During the Lease Term, and any renewal or not installed by Landlord extension thereof, Tenant shall, at Tenant’s request's sole cost and expense, provide janitorial, trash removal and pest control services to the Leased Premises necessary to keep the Leased Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests. Except as otherwise expressly provided for In addition, in this Leaseperformance of Tenant's obligations hereunder, Tenant waives shall, at Tenant's sole cost and expense, promptly comply with all rights laws, statutes, ordinances, regulation, orders and requirements of all federal, state, county, township, municipal, local or other governmental authorities having jurisdiction over Tenant and/or its use and Occupancy of the Leased Premises and/or any work being performed by Tenant, and the appropriate departments, commissions, boards and officers thereof, and with the orders, rules and regulations of the Board of Fire Underwriters or another body hereafter constituted exercising similar functions thereto. Tenant shall promptly pay for all work performed pursuant to make its repair and maintenance obligations. If Tenant fails or neglects to proceed with due diligence to commence and complete any and all repairs and/or replacements in accordance with its obligations hereunder, Landlord, 30 days after the mailing of written notice to Tenant (except [a] where such repairs and/or replacements by their nature require a longer period of time to complete, as said time period is agreed to in writing by Landlord, or [b} in the case of an emergency, in which case no written notice shall be required to Tenant), may enter upon the Leased Premises and cause such repairs and/or replacements to be made for the account and at the expense of Tenant, and Tenant shall pay to Landlord, as Additional Rent hereunder, all charges for such repairs and/or replacements within 30 days after receipt of a xxxx for such charges. Tenant shall, within 15 days after notice from Landlord, discharge any mechanics' lien for material or labor claimed to deduct have been furnished to the cost thereof Leased Premises on Tenant's behalf, and shall indemnify, defend and hold Landlord harmless from any and all loss and costs incurred by Landlord in connection with any mechanics' lien claims as may be filed against the rentPremises, the Building or the Lot by reason of work or materials ordered by Tenant. The provisions of this paragraph shall not be applicable to work performed by Landlord pursuant to Section 43 of this Lease. Tenant shall surrender the Leased Premises at the expiration of the Lease Term or at the earlier termination of this Lease, broom clean and in the same condition as when received, except for ordinary wear and tear and casualty alone excepted (as used in Section 15).

Tenant’s Obligations. (a) Except as expressly otherwise provided in Section 7.1, Tenant shall maintain in good condition and repair (ordinary wear and tear and damage by casualty not caused by Tenant or Tenant’s Agents excepted), at Tenant’s sole cost and expense subject to Section 7.2(b), all interior portions of the Premises (including but not limited to all utility systems commencing at the point of entry of each such system into the Premises), the roof membranes and all structural and non-structural roof components of the roofs of the Premises Buildings (other than the portion of the roof of Building 18 not above the Premises), exterior and interior doors and windows and door and window systems and glass of the Premises Buildings, all FF&E, F&B, and the Exception Equipment, the loading docks exclusive to the Premises, the Rooftop Equipment and the Heavy Equipment. Tenant acknowledges that it has received a copy of all applicable roof warranties from Landlord and that it shall comply in all respects with all applicable warranties relating to the roofs on the Premises Buildings (whether existing as Landlordof the Commencement Date or obtained thereafter), and shall be responsible for all damages resulting from Tenant’s obligation failure to do so. Landlord represents to Tenant that the roofs on the Premises Buildings are covered by roof warranties that are in this Article 9full force and effect on the Effective Date and Tenant acknowledges receiving copies of same. Not in limitation of the foregoing, Tenant shall keep the Premises in good condition and repair (ordinary wear and in compliance with Landlord’s sustainability practices tear and damage by casualty not caused by it excepted), including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to limiting the Project. Subject to Section 14(d) belowgenerality of the foregoing, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of equipment and facilities located in the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or airventilating, air conditioning, electrical and lighting facilities, fixtures, interior non-conditioning systems load bearing walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass and skylights within the ProjectPremises and serving the Premises, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from LandlordRooftop Equipment. Tenant shall be responsible for the design cost of painting, repairing and function of replacing wall coverings and maintaining and repairing all non-standard improvements and alterations made by Tenant to the Premises or any part thereof, including, without limitation, the Initial Tenant Improvements. On the last day of the PremisesTerm hereof, whether or not on any sooner termination, Tenant shall surrender the Premises (including, without limitation, the roofs and roof membranes) to Landlord in good condition, ordinary wear and tear, casualty and condemnation, and repairs and other work required to be performed under this Lease by Landlord excepted, clean and free of debris and Tenant’s personal property and in compliance with the obligations to remove or leave in place Major Alterations or Minor Alterations installed by Tenant, as the case may be pursuant to Section 7.3(a). On the last day of the Term hereof, or on any sooner termination, Tenant shall leave the power panels, electrical distribution systems, lighting fixtures, HVAC, wall coverings, carpets, wall paneling, ceilings, plumbing, FF&E and F&B (but not the Exception Equipment after title has passed to Tenant) at the Premises in good operating condition to the extent not otherwise removed from the Premises pursuant to an obligation or right of Tenant under this Lease. Tenant shall report to Landlord at promptly and in writing any defective condition in or about the Project known to Tenant. Tenant will be responsible for any other or additional damage resulting from Tenant’s requestfailure to perform its obligations hereunder, except if such failure resulted in a casualty not caused by it that caused such damage. Except There shall be no abatement of Rent with respect to any repairs made by Tenant to the Premises or any part thereof pursuant to this Section 7.2. Tenant shall give Landlord reasonable advance written notice of any material repairs to be performed by Tenant in or about the Premises and detail for Landlord the scope of such repairs. If Tenant fails to keep the Premises in the condition required by the terms of this Lease and such failure continues for thirty (30) days after written notice from Landlord specifying the repairs required to be made, such that such failure constitutes an “Event of Default” (as otherwise expressly provided for defined in Section 14.1), Landlord, in addition to its other rights and remedies under this Lease, Tenant waives all rights shall be entitled to make cause such repairs at to be made and to recover the reasonable cost and expense of Landlord, or to deduct the cost thereof from Tenant; provided, however, Landlord shall use commercially reasonable efforts to minimize interference with the rentconduct of Tenants’ business during the performance of any such repairs. Tenant acknowledges and agrees that any repair work undertaken by Landlord pursuant to the provisions of this Section 7.2 shall be performed during regular business hours, and Landlord shall have no obligation to employ after-hours labor in connection therewith.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 7.2, Tenant Tenant, at its sole cost, shall keep the Premises in good order, condition and repair and in compliance with Landlord’s sustainability practices includingduring the Lease Term, including without limitation: all nonstructural, compliance with any LEED rating system (or other certification standard) applicable to interior and exterior areas; landscaped areas not part of the Project. Subject to Section 14(d) belowCommon Facilities; all heating, ventilation and air conditioning systems and equipment; all damage or injury to glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Project resulting from Premises including electrical, lighting and plumbing fixtures; and all other portions of the act Premises seen or negligence of Tenant, its employees, agents unseen. If any portion or visitors, guests, invitees or licensees or by the use element of the Premises, or the other systems or equipment for which Txxxxx is responsible hereunder cannot be fully repaired, Tenant shall be promptly repaired by Tenant replace the same at its sole cost and expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises, at all times during the Lease Term, in an attractive, first-class and fully operative condition, at Tenant's expense. If any heating and air conditioning system or equipment exclusively serves the Premises, to Tenant shall additionally obtain and keep in force a preventive maintenance contract providing for the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems regular (at least quarterly) inspection and maintenance of the Projectheating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such contractor verifying that such a contract has been entered into and that the required service will be provided. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premisesheating and air conditioning system, whether or not installed by Landlord at Tenant’s request's sole cost and expense. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.7.2

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 12 above, Tenant shall keep the Premises in good condition and shall, at its sole cost, keep, maintain, repair and in compliance with Landlord’s sustainability practices includingreplace said Premises and appurtenances and every part hereof, without limitationincluding but not limited to, compliance with any LEED rating system (or other certification standard) applicable to exterior walls, roof, glazing, elevator, and the Project. Subject to Section 14(d) belowplumbing, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of electrical and HVAC systems serving the Premises, and all the Tenant Interior Improvements in good and sanitary order, condition, and repair (but excluding the structural roof, the building foundation and load bearing walls, all of which Landlord shall be promptly repaired repair and maintain); normal wear and tear and damage by casualty excepted. Tenant at its sole cost shall provide Landlord with a copy of a service contract between Tenant and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as (i) a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or licensed air-conditioning systems and heating contractor which contract shall provide for bi-monthly maintenance of all air conditioning and heating equipment at the Project, Landlord Premises; and (ii) a licensed elevator maintenance contractor which contract shall have the right (but not the obligation) to select the contractor and oversee provide for monthly maintenance of all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordelevator related systems. Tenant shall pay the cost of all air-conditioning, heating and elevator equipment repairs or replacements which are either excluded from such service contract or any existing equipment warranties. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. Tenant agrees to limit attachments to vinyl demountable wall surfaces exclusively to V-joints. Tenant shall also be responsible for the design and function of all non-standard improvements preventive maintenance of the Premisesmembrane of the roof, whether or not installed by Landlord which responsibility shall be deemed properly discharged if (i) Tenant contracts with a licensed roof contractor who is reasonably satisfactory to both Tenant and Landlord, at Tenant’s requestsole cost, to inspect the roof membrane at least every six (6) months, with the first inspection due the sixth (6th) month after the Commencement Date, and (ii) Tenant performs, at Tenant’s sole cost, all preventive maintenance recommendations made by such contractor within a reasonable time after such recommendations are made. Except Such preventive maintenance might include acts such as otherwise expressly provided for in this Leaseclearing storm gutters and drains, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof removing debris from the rentroof membrane, trimming trees overhanging the roof membrane, applying coating materials to seal roof penetrations, repairing blisters, and other routine measures. Tenant shall provide to Landlord a copy of such preventive maintenance contract and paid invoices for the recommended work.

Tenant’s Obligations. Except as expressly provided as LandlordSubject to Tenant’s obligation rights set forth in Article 11 below and this Article 9Section 9.02, Tenant shall keep the Premises maintain, or cause to be maintained, in good condition working order each Property Location, including the Building and repair any other improvements located thereon, the equipment serving the Building thereon, and in compliance with Landlord’s sustainability practices the other improvements located thereon, including, without limitationlimiting the generality of the foregoing, compliance with any LEED rating system (or other certification standard) applicable roofs, foundations and appurtenances to the Project. Subject to Section 14(d) belowBuilding, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, and heating, ventilation or air-conditioning and ventilation systems of the Projectlocated in or otherwise serving such Building, Landlord and all water, sewer and gas connections, pipes and mains which service such Building which neither any public utility company nor a public authority is obligated to repair and maintain, and shall have the right (but not the obligation) to select the contractor put, keep and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice maintain each Building, and the reasonable opportunity of Tenant to other improvements on such Parcel in good working order and make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably all repairs therein and thereon, interior and exterior, structural and nonstructural, necessary to complete such repairkeep the same in good working order and to comply with all applicable Laws, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for howsoever the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordnecessity or desirability therefor may occur. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for When used in this Lease, the term “repairs” shall include all alterations, installations, replacements, removals, renewals and restorations, and the phrase “good working order” or “good working condition” means good working order or good working condition, reasonable wear and tear, casualty and condemnation excepted. Notwithstanding the foregoing, (a) Tenant waives all rights also shall perform common area maintenance and repairs and other duties with respect to any Property Location or any adjoining property to the extent that Landlord is required to do so under any REAs (whereupon Tenant shall be entitled to reimbursement from any third party pursuant to any such REAs), and (b) so long as no Default has occurred and is continuing and subject to Tenant’s obligation to maintain each Property Location in good working order as set forth above, Tenant shall not be required to make any structural or capital repairs at or improvements to the expense Premises during the last two (2) years of Landlordthe Term. For purposes of this Section 9.02, “the last two (2) years of the Term” refers to the final years of the Term, as extended, and Tenant’s obligations to repair and maintain the Premises will continue during the last two (2) years of the initial Term or to deduct any Extension Period if Tenant has exercised its Extension Option for the cost thereof from the rentnext following Extension Period.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant shall, Tenant shall keep at all times during the Premises in good condition Lease Term and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to regularly clean and continuously keep and maintain in good order, condition and repair the satisfaction Leased Premises and every part thereof including, without limiting the generality of Landlord; providedthe foregoing, however(i) the interior side of all exterior windows, that for all interior windows, walls, floors and ceilings, (ii) all windows, doors and skylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps and all heating, ventilating and air conditioning equipment serving the Leased Premises exclusively, and (vi) the secured access system serving the Leased Premises. Tenant shall, at its sole cost and expense, repair all damage to the Project as a result Leased Premises, the Building, the Outside Areas or the Property caused by the activities of casualty Tenant, its employees, invitees or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not contractors promptly made by Tenant after Tenant’s receipt of following written notice and from Landlord to so repair such damages. If Tenant shall fail to perform the reasonable opportunity of Tenant required maintenance or fail to make said repair repairs required of it pursuant to this paragraph within five (5) business days from receipt of said written notice (or such a reasonable period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after following notice from Landlord to do so, then Landlord may, at its election and diligently pursues without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs to completion), and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All glass within or a part of the Leased Premises, both interior and exterior, is at the sole risk of Tenant for the cost thereof, which cost and any broken glass shall promptly be paid replaced by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements at Tenant's expense with glass of the Premisessame kind, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentsize and quality.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Throughout the Term, Tenant shall keep ------------ -------------------- not commit, suffer or permit any damage or waste to the Premises in good condition Common Area, and, at its expense, but subject to any obligations of Landlord expressly set forth herein, Tenant will care for, maintain and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost the fixtures and expenseappurtenances therein and Tenant's Property, subject to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor ordinary wear and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordtear. Tenant shall be responsible for the design all repairs, interior and function of all exterior, structural and non-standard improvements structural, ordinary and extraordinary, in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of: (a) the performance or existence of Alterations; (b) the installation, use or operation of Tenant's Property in the Premises; (c) the moving of Tenant's Property in or out of the Building to the extent such movement causes damage; or (d) the act, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. In addition, Tenant, at its expense, shall promptly replace all scratched, damaged and broken doors and glass in and about the Premises, whether subject to ordinary wear and tear, and shall be responsible for (i) all repairs, maintenance and replacement of wall and floor coverings in the Premises, (ii) the repair and maintenance of all sanitary and electrical fixtures therein, and (iii) all maintenance and repairs ordinary or not installed extraordinary, which may be necessary (in Landlord's discretion) in and within the Premises in order to keep same in the condition existing as of the Commencement Date of this Lease, ordinary wear and tear excepted. Tenant shall promptly make, at Tenant's expense, all repairs in or to the Premises for which Tenant is responsible. Any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Landlord. All such repairs shall be performed at such times and in such manner as shall cause the least interference with the operation of the central systems of the Building and the use of the Building by other occupants. All such repairs shall be subject to the supervision and control by Landlord, for which Landlord may charge Tenant a reasonable fee. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent's expense.

Tenant’s Obligations. (a) Except as expressly provided as in Section 4.05 (c) above with respect to Landlord’s obligation in this Article 9obligations for the performance of certain work at the Property that is the subject of Common Area Costs, Tenant shall keep the Premises in good condition and repair and in compliance with Section 6.03 (Landlord’s sustainability practices includingObligations) above, without limitation, compliance with any LEED rating system Article Seven (Damage or other certification standard) applicable to the Project. Subject to Section 14(dDestruction) below, all damage or injury to the Premises or the Project resulting from the act or negligence of and Article Eight (Condemnation) below, Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant’s sole cost and expense, shall keep all portions of the Property (including structural, nonstructural, interior, exterior, systems and equipment) in good order, condition and repair. If any portion of the Property or any system or equipment in the Property that Tenant is obligated to repair cannot be fully repaired or restored (in Landlord’s judgment), Tenant shall promptly replace (subject to Landlord’s right to undertake such responsibility) such portion of the Property or system or equipment in the Property. The cost of such replacement shall be amortized (using a rate of interest reasonably determined by Landlord, but not to exceed 10%) over the useful life as reasonably determined by Landlord in a manner consistent with generally accepted accounting principles, and Tenant shall be liable only for that portion of the cost which is applicable to the satisfaction remaining Lease Term (as it may be extended) (the “Useful Life Allocation”), and if the full replacement cost is initially borne by Tenant, Landlord shall reimburse Tenant or provide Tenant with a credit against future Additional Rent obligations in an amount equal to Landlord’s share of Landlord; provided, however, that such total cost. Tenant shall maintain a preventive maintenance service contract providing for damage to the Project as a result regular inspection and maintenance of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-Property’s heating and air conditioning systems (the “HVAC Systems”) by a licensed heating and air conditioning contractor, unless Landlord is obligated to maintain all or a portion of such equipment pursuant to Section 6.03(a) above, or unless Landlord makes the Project, election described in the next succeeding sentence. Landlord shall have the right (but not right, upon written notice to Tenant, to undertake the obligation) to select responsibility for preventive maintenance of all or a portion of the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after HVAC Systems at Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairexpense, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, of which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordas Additional Rent. Notwithstanding any language to the contrary in this Section 6.04(a), Tenant shall be responsible pay the full cost of such repair or replacement of the HVAC Systems and is not entitled to the benefit of the Useful Life Allocation if Tenant has failed to obtain and maintain the preventive maintenance contracts for the design HVAC Systems, as required above (and function of all non-standard improvements assuming Landlord has not elected to do so). If any part of the PremisesProperty or the Project is damaged by any act or omission of Tenant (such as damage to the floor slab caused by overloading), Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not installed Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property and without the benefit of the Useful Life Allocation. It is the intention of Landlord and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attractive, first-class and fully operative condition. Without limiting the generality of the provisions contained above in this Section 6.04(a), Tenant agrees to repair any damage caused by Landlord at the transportation and storage of its products in, on, or about the Property, including, but not limited to any damage to the Property’s concrete floor slab, adjoining concrete ramps, adjoining concrete truck apron, and adjoining concrete or asphalt parking and access areas due to the use of forklifts or other equipment or vehicles hauling Tenant’s requestproducts or otherwise, but excluding ordinary wear and tear. Except Tenant’s repair obligation described in the immediately preceding sentence shall include the replacement of any damaged areas of the Property or the Project, if repair is impracticable, so as otherwise expressly provided for to restore such areas to the condition existing prior to such damage, and in this Lease, such event Tenant waives all rights shall not be entitled to make repairs at the expense benefit of Landlord, or to deduct the cost thereof from the rentUseful Life Allocation.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable Subject to the Project. Subject to Section 14(d) belowprovisions of Article 10 (Casualty and Condemnation), all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, Tenant will keep all portions of the Premises (including, without limitation, all systems and equipment, dock levelers, bumpers, doors and floors, including slabs and slab repairs, crack filling and joint repairs) in good order, condition and repair (including repainting and refinishing, as needed). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant will promptly replace such portion of the Premises or system or equipment. At Tenant’s request, Landlord may perform Tenant’s maintenance and repair obligations under this Section 9.03 and Tenant will reimburse Landlord for all costs incurred, plus fifteen (15%) percent, in doing so within thirty (30) days of receipt of an invoice from Landlord. Tenant shall, at its sole cost and expense, enter into and maintain a contract with a certified and insured third-party HVAC service contractor, providing for the periodic (at least quarterly) service, maintenance and repair of the HVAC system serving the Premises, which shall provide for a scope of work and periodic services, at a minimum, in accordance with manufacturer's specifications. Tenant shall, at its sole cost and expense, enter into and maintain a contract with a certified pest control service contractor that shall provide pest control treatments to the satisfaction interior and exterior of the Premises at a minimum of 90-day intervals. Upon request by Landlord; provided, howeverTenant shall furnish Landlord with a copy of the current service contracts, that which contracts shall be in form and substance reasonably satisfactory to Landlord and a current certificate of insurance of the Tenant's service contractor naming Landlord as an additional insured and such certificate shall be in form and substance and contain such coverages satisfactory to Landlord. In the event Landlord obtains an assignable warranty for damage any HVAC system servicing the Premises, to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectextent assignable, Landlord shall have assign to Tenant any such assignable warranty on parts and labor for the right (but not the obligation) to select the contractor and oversee all such repairsHVAC system. Landlord may make If any repairs which or maintenance required to be made or maintained by Tenant hereunder are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) days after written notice delivered to Tenant by Landlord, or within such lesser time as is reasonable to require in the event of an emergency, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to Tenant's stock or business days from invoice from Landlord. by reason of such repairs; and Tenant shall be responsible for pay to Landlord upon demand, as additional rental hereunder, the design and function Landlord's cost of all non-standard improvements such repairs plus interest thereon at the per annum rate set forth in Section 3.03, such interest to accrue continuously from the date of the Premises, whether or not installed payment by Landlord at Tenant’s requestuntil repayment by Xxxxxx. Except as otherwise expressly provided for in At the expiration or termination of this Lease, Tenant waives all rights Xxxxxx shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to make repairs at be restored by Landlord pursuant to the expense of Landlord, or to deduct the cost thereof from the rentterms hereof.

Tenant’s Obligations. Landlord shall deliver the Premises to Tenant with the Initial Tenant Improvements complete as set forth in Section 6.6, above. As of the Prior Occupancy Date, the Premises (including without limitation the Initial Tenant Improvements, Building Systems and roof) shall be in good working condition in accordance with the Preliminary Plans, the Construction Plans and the Work Letter (i.e., fully wired for voice and data and furnished as “plug and play” (a) office space to include cubicles, white boards, chairs and conference room furniture, (b) break area with refrigerator, sink, coffee bar, tables and chairs, and (c) server rooms with appropriate racks, HVAC, networking and cabling), and Landlord hereby warrants the same during the Warranty Period and shall repair or replace, as necessary, any components of the Premises which are not in good working condition to the extent Tenant provides written notice thereof to Landlord within the Warranty Period. Except as expressly provided as Landlord’s obligation set forth in this Article 9Section 7.1 and Sections 5.1 and 5.2(f), above, the Premises (and the Property) shall be delivered to, and accepted by, Tenant shall keep in its “as is” condition with “all faults,” and, excepting any defective components (or noncompliance with Laws) of the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired noted by Tenant at its sole cost and expense, to in writing during the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the ProjectWarranty Period, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the right Premises, the remainder of the Property or any part thereof either prior to or during the Term, except as expressly set forth in Section 7.2, below. By taking possession of the Premises Tenant agrees that the Premises (and the Property) are suitable for Tenant’s purposes and in good and tenantable condition. During the Term, Tenant, at Tenant’s expense, but under the direction of Landlord if Landlord so elects, shall clean, keep and maintain in good order, condition and repair (and replace, if necessary) every part of the Premises and the remainder of the Property which is not part of Landlord’s obligation pursuant to Section 7.2 of this Lease, said obligation of Tenant to include (but not be limited to) all Building Systems (other than HVAC) and all components thereof (including all machinery, equipment, wires, conduits and lines), the obligationinterior of all walls, all floors and floor coverings, ceilings (ceiling tiles and grid), the Initial Tenant Improvements, any Alterations installed by Tenant, fire extinguishers, outlets and fixtures, any appliances (including dishwashers, hot water heaters and garbage disposals), and all windows, doors, entrances, plate glass and skylights. Tenant acknowledges and agrees that it has inspected, or immediately after taking possession of the Premises will inspect, the Property (including the Premises) to select the contractor and oversee all such repairs. Landlord may make that Tenant is not relying on any repairs which are not promptly representations or warranties made by Tenant after Tenant’s receipt Landlord regarding the Premises or any other part of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time Property, except as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for set forth in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with pay for any LEED rating system (damage caused by the negligence or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage default hereunder of or injury to the Premises or the Project resulting from the act or negligence of by Tenant, its employees, agents or invitees; the cost of any such damage which is paid by Landlord shall be deemed Additional Rent which is immediately due and owing from Tenant. Subject to the provisions of item (i) above, Tenant shall, during the Term, at Tenant’s expense, keep the Leased Premises (including the glass, signs, ceilings, interior walls, interior side of perimeter walls, floor, floor coverings, plumbing, electric, heating and air conditioning, sprinklers and lighting fixtures) in as good order, condition and repair as they were at the time Tenant took possession of the same, reasonable wear and tear and damage from fire and other casualties excepted. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance contract with a qualified contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Leased Premises. Upon Landlord’s written request, Tenant shall provide Landlord a copy of the maintenance/service contract and the name of the maintenance contractor. The service must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Leased Premises. Tenant shall keep the Leased Premises in a neat and sanitary condition, and Tenant shall not commit any nuisance or waste on the Leased Premises or in, on, or about the Project, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by Landlord. All uninsured damage or injury to the Leased Premises, or to the Project caused by Tenant moving furniture, fixtures, equipment, or other devices in or out of the Leased Premises or the Building or by installation or removal of furniture, fixtures, equipment, devices or other property of Tenant or its agents, contractors, servants or employees, due to carelessness, omission, neglect, improper conduct, or other cause of Tenant or its servants, employees, agents, visitors, guests, invitees or licensees or by the use of the Premiseslicensees, shall be repaired, restored and replaced promptly repaired by Tenant at its sole cost and expense, expense to the satisfaction of Landlord; provided. All repairs, however, that for damage restorations and replacements shall be in quality and class equal to the Project as a result original work and shall comply with all requirements of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. (i) Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject extent a Landlord responsibility pursuant to Section 14(dParagraph 5.1(b) below, Tenant shall, at all damage or injury to times during the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the following components of the Leased Premises: (A) all interior walls, floors and ceilings, (B) all windows, doors and skylights, (C) all electrical wiring, conduits, connectors and fixtures, (D) all lighting fixtures, bulbs and lamps, (E) all building systems, and (F) all entranceways to the satisfaction of Landlord; providedLeased Premises. Tenant shall, howeverat its sole cost and expense, that for repair all damage to the Project as a result Leased Premises, Building 3, the Common Areas or the Property caused by the activities of casualty Tenant or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the Parties within a reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time (not to exceed thirty (30) days or such longer time period as may be is reasonably necessary to complete such repairnecessary, if so long as Tenant commences the cure within such repair within five thirty (530) business days after day period and thereafter diligently completes the same) following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and diligently pursues without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs to completion), and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All interior glass within the Leased Premises is at the sole risk of Tenant for the cost thereof, which cost and any broken glass shall promptly be paid replaced by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s requestexpense with glass of the same kind, size and quality. Except as otherwise expressly provided With respect to the items for which Tenant is responsible described in this LeaseParagraph 5.1(a), Landlord agrees to assign to Tenant waives all rights on a non-exclusive basis any applicable warranties in favor of Landlord or its affiliates. To the extent any such warranties are not assignable, Landlord agrees to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentenforce such warranties for Tenant’s benefit.

Tenant’s Obligations. Except as expressly provided If any mechanic’s, materialmen’s or other Liens against any of the Landlord’s interest in the Leased Property in connection with any materials, labor or equipment furnished or claimed to have been furnished to or for any Tenant Party are filed against Landlord’s interests in the Leased Property on account of action or inaction by any Tenant Party (including by Tenant in its capacity as Landlord’s obligation in this construction agent for Separable Additions or Non-Separable Additions under Article 9X , Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with other than any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project such Liens filed as a result of casualty materials, labor or services for any repairs that may impact Separable Additions or Non-Separable Additions and for which Landlord has failed to satisfy its obligation to pay the mechanicalcost of such materials, electricallabor or services), plumbingthen Tenant shall promptly cause such Lien to be discharged (whether by payment or bond), heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairor, if Tenant commences desires to contest the Lien, Tenant may do so as long as the enforcement of the Lien is stayed pursuant to a Permitted Tenant Contest. If a Landlord Lender with respect to Landlord Indebtedness requires Landlord’s interest in the Leased Property to be free of such repair within five (5) business days after notice from mechanic’s or materialmen’s liens, then upon request of Landlord or such Landlord Lender, Tenant shall either discharge the Lien or post a bond sufficient to cover the amount of the Lien and diligently pursues such repairs interest, penalties and costs that will be payable to completion)discharge the Lien assuming its validity. Notwithstanding the foregoing, and charge Tenant shall have no obligation whatsoever for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice or with respect to Liens arising from Landlord. ’s failure to advance payments for Non-Separable Additions or Separable Additions for which Landlord has engaged Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenantas Landlord’s request. Except construction agent as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSection 10.1 .

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall at all times during the Term, pay for and make all other necessary maintenance and repairs and replacements (as applicable) to the Leased Premises (other than those obligations of Landlord set forth in Section 19.0 above including, without limitation, structural repairs to the Building), including, but not limited to, the doors (including, without limitation, any fire doors, man doors, overhead doors) and all mechanical systems relating thereto, door checks, openings, windows, plate glass, store front, slab, dock levelers, dock locks, dock enclosures, overhead lights, fixtures, bulbs, ballasts, ceiling tiles, cranes, heating, plumbing, air conditioning, and electrical and sewage (to main sewer lines) facilities of the Leased Premises (including all components thereof located within the Leased Premises), and keep and maintain the Premises same in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to so that at the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use expiration of the PremisesLease, or any renewal or extension thereof, the Leased Premises shall be promptly repaired by Tenant surrendered to Landlord in the same condition that the same are in at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt commencement of said written notice (or such period of time as may be reasonably necessary to complete such repairLease, if Tenant commences such repair within five (5) business days after notice from Landlord ordinary wear and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordtear excepted. Tenant shall be responsible for not defer any repairs or replacements to the design and function of all non-standard improvements Leased Premises by reason of the Premisesanticipation of the expiration of the Term hereof. The surrender of the Leased Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Leased Premises which Tenant was obligated to perform during the Term, whether which obligation shall survive the expiration or not installed by Landlord at termination of this Lease or the termination of Tenant’s requesttenancy in the Leased Premises. Except as otherwise expressly provided for Tenant shall keep the Leased Premises in this Leasea clean, Tenant waives all rights tenantable condition and shall not permit any garbage, rubbish, refuse or dirt of any kind to make repairs at accumulate in or about the expense of Landlord, or to deduct the cost thereof from the rentLeased Premises.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation responsibility pursuant to this Article 7 above or elsewhere in this Article 9Lease, Tenant shall shall, at Tenant’s own expense, keep the Premises Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition and repair free from all excessive wear and in compliance with Landlord’s sustainability practices tear (including, without limitation, compliance damage to or stains on floor coverings, damage, tears or marks on any walls or wall coverings, it being agreed that Landlord may elect in its reasonable discretion to make any necessary repairs in connection with any LEED rating system (or other certification standardand on Tenant’s behalf in which event Tenant shall reimburse Landlord for the reasonable costs of same) applicable at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense but under the supervision and subject to the Project. Subject to Section 14(d) belowprior approval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage or injury to the Premises and replace or the Project resulting from the act repair all damaged or negligence of Tenant, broken fixtures and appurtenances not caused by Landlord or its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, provided however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanicalthat, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenantat Landlord’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairoption, if Tenant commences fails to make such repair repairs within five thirty (530) business days after written notice from Landlord and diligently pursues (except in case of emergency no notice shall be required), Landlord may, but need not, make such repairs to completion)and replacements, and charge Tenant for shall pay Landlord the cost thereof, which including a percentage of the cost shall thereof (to be paid by Tenant uniformly established for the Real Property and not to exceed five percent (5%) of Landlord’s actual out‑of‑pocket costs for such repair) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within ten (10) business days from invoice from Landlordafter being billed for same. Further, Landlord shall have the right, at any time during the Lease Term, to give Tenant thirty (30) days’ prior written notice that Landlord shall assume the performance of any or all of Tenant's obligations under this Section 7.2 in lieu of Tenant's performance thereof and, in such event, (A) Tenant shall pay Landlord the reasonable out‑of‑pocket cost thereof, including a five percent (5%) administrative fee, within ten (10) business days after being billed for the same, and (B) Landlord shall have the right, at any time after sending such notice, to rescind such notice, in which case Tenant shall resume performing such obligations. Landlord may, but shall not be required to, upon at least twenty-four (24) hours’ prior notice to Tenant (except in the event of an emergency), enter the Premises at all reasonable times during normal business hours (with a Tenant escort if provided by Tenant at the time of such entry) to make such repairs, alterations, improvements and additions to the Premises or to the Real Property or to any equipment located in the Real Property as Landlord may be required or permitted to perform under this Lease or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall be responsible for the design hereby waives and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the expense of LandlordCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Landlord represents that Landlord has taken or shall take the necessary steps to deduct comply with what Landlord reasonably believes are the requirements of ADA in effect as of the date Landlord obtained permits to initially construct the Project as it pertains to the common areas P:00816539-5:12107.019 -13- within the Project. Operating Expenses shall not include any cost thereof from incurred by Landlord in connection with upgrading the rentProject to comply with the requirements of the ADA that were in effect as of the date Landlord obtained permits to initially construct the Project with respect to the base, shell and core of the Project only and that were in effect as of the date Landlord obtains the necessary building permits with respect to the Tenant Improvements to be constructed by Landlord as set forth in Exhibit C only, including penalties or damages incurred due to such noncompliance.

Tenant’s Obligations. (a) Except as expressly provided as Landlord’s obligation in this Section 6.3, Article 97 (Damage or Destruction) and Article 8 (Condemnation), Tenant shall keep all portions of the Premises in good condition Property (including nonstructural, interior and repair and in compliance with Landlord’s sustainability practices includingsystems which shall include, without limitation, compliance with all doors, windows, plumbing fixtures and systems, HVAC, electrical equipment and systems and all alterations permitted pursuant to this Lease) in good order, condition and repair. If any LEED rating portion of the Property or any system in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (or other certification standard) as such term may be extended by exercise of any options), the useful life of such replacement shall be pro rated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the ProjectLease Term (as extended). Subject If any such replacement becomes necessary during the final six (6) months of the Lease Term, Landlord shall pay for such replacement and xxxx Tenant for its proportional share of the actual and reasonable cost of replacement (based on the number of months remaining in the Lease Term), and, if any such replacement becomes necessary at any other time during the Lease Term, Tenant shall perform such replacement and shall deduct the Landlord’s proportional share of the actual and reasonable cost of such replacement from future installments of Base Rent (with Landlord agreeing to Section 14(d) belowreimburse Tenant for any such costs of replacement which are due from Landlord and which are in excess of all remaining installment of Base Rent). In addition, all Tenant shall, at Tenant’s expense, repair any damage or injury to the Premises roof, foundation or structural portions of walls caused by the Project resulting from the act negligent acts or negligence omissions of Tenant, its employeesagents, agents employees or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentcontractors.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable Landlord agrees to the Project. Subject to Section 14(d) below, all damage or injury furnish to the Premises or at all times during the Project resulting from term of the act or negligence Lease, air conditioning and heat, elevator service, and water for lavatory purposes, all in such reasonable quantities as in the reasonable judgment of Tenant, its employees, agents or visitors, guests, invitees or licensees or by Landlord is necessary for the comfortable occupancy and use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that Tenant shall contract directly with the applicable utility or service provider for damage gas, water, electricity and refuse pickup. Tenant shall provide, or cause to be provided, janitorial service with respect to the Project Premises. Tenant shall pay all charges for gas, electricity, water, telephone and telephone cabling, HVAC, refuse pickup, janitorial service and all other utilities, materials and services furnished directly to or used by Tenant in the Premises during the Lease Term, together with any and all taxes thereon. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service or other service furnished to the Premises, except to the extent resulting from the gross negligence or willful misconduct of Landlord. Except as provided below, no such failure or interruption shall entitle Tenant to terminate this Lease or withhold Rent due hereunder. Notwithstanding the foregoing, to the extent that Landlord receives insurance proceeds under its insurance policy as a result of casualty the interruption in utilities to compensate Landlord for lost Rent under this Lease, then the Rent due hereunder will be abated by such amount. The preceding notwithstanding, if an interruption in utilities or for any repairs that may impact services occurs as the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems result of the Project, negligence or willful misconduct of Landlord shall have or its agents or employees and the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after interruption in utilities or services substantially interferes with Tenant’s receipt use of written notice and the reasonable opportunity Premises or Tenant’s conduct of Tenant to make said repair within business for more than five (5) continuous business days from receipt of said written notice (or days, then Rent shall xxxxx until such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether utilities and services are restored. If an interruption in utilities or services occurs which is not installed by the result of the negligence or willful misconduct of Landlord at or its agents or employees and the interruption in utilities or services substantially interferes with Tenant’s request. Except use of the Premises or Tenant’s conduct of business for more than thirty (30) continuous business days, then Rent shall xxxxx until such time as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at of the expense of Landlord, or to deduct the cost thereof from the rentutilities and services are restored.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 7.2, Tenant shall keep the Premises in good order, condition and repair and in compliance with Landlord’s sustainability practices includingduring the Lease Term, including without limitation: all nonstructural, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) belowinterior, exterior, areas; all damage or injury to heating, ventilation and air conditioning systems and equipment; all glass, glazing, windows, window moldings, partitions, doors and door hardware; all interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Project resulting from the act or negligence of TenantPremises including electrical, its employees, agents or visitors, guests, invitees or licensees or by the use lighting and plumbing fixtures; and all other portions of the Premises, Premises seen or unseen. Tenant shall be promptly repaired by Tenant replace at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for expense any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectsystems and other portions of the Premises for which it is responsible hereunder during the Lease Term, if necessary. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises, at all times during the Lease Term, in an attractive, first-class and fully operative condition, at Tenant's expense. If any heating and air conditioning system or equipment exclusively serves the Premises, Tenant shall additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such contractor verifying that such a contract has been entered into and that the required service will be provided. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premisesheating and air conditioning system, whether or not installed by Landlord at Tenant’s request's sole cost and expense. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSee Addendum.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 and Landlord's obligations under Paragraph 10A, shall maintain, in good order, condition, repair, and appearance the Premises, including the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the satisfaction act, neglect, omission or fault of Tenant), windows, walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items exclusively serving the Premises, subject to the provisions of Paragraph 15. In addition, Tenant shall maintain, in good order, condition, repair and appearance the Fiber Optic Cable, as defined in the attached Work Letter and all areas of the Building Complex (including, but not limited to parking lot areas and landscape areas) affected by the installation or use of the Fiber Optic Cable. Finally, Tenant shall maintain, in good order, condition, repair and appearance of the UPS Installation, as defined in Paragraph 32 below, and all areas of the Building Complex (including, but not limited to the parking lot areas and landscape areas) affected by the installation or use of the UPS Installation. In the event Tenant fails to maintain the Premises as required by this Paragraph, Landlord shall give Tenant notice to do such acts as are required by this Paragraph. If within a reasonable time not to exceed 30 days following Landlord's notice, Tenant fails to perform its obligations under this Paragraph, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such work and diligently pursue it to completion within a reasonable time not to exceed 90 days, then Landlord shall have the right, but shall not be required, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform those obligations, without curing Tenant's default. The funds so expended plus 20% of such amounts as an overhead/ administrative charge shall be due and payable by Tenant within 10 days after receipt of Landlord; provided's invoice. Landlord shall have no liability to Tenant for any damage, however, that for damage to inconvenience or interference with the Project use of the Premises by Tenant as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether performing or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentperforming any such obligations.

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Paragraph 7.2 (Landlord’s obligation in this Article 9Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall shall, at Tenant’s sole cost and expense and at all times, keep the Premises and every part thereof in good condition order, condition, and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (whether or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to not such portion of the Premises requiring repair, or the Project resulting from means of repairing the act same, are reasonably or negligence of Tenant, its employees, agents readily accessible to Tenant and whether or visitors, guests, invitees or licensees or by not the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that need for damage to the Project such repairs occurs as a result of casualty Tenant’s use, any prior use, the elements, or for any repairs that may impact the mechanicalage of such portion of the Premises) including, electricalwithout limiting the generality of the foregoing, all equipment or facilities solely serving the Premises, such as plumbing, heating, ventilation ventilating, air conditioning, electrical, lighting facilities, boilers, fired or air-conditioning systems unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of the Projectexterior walls, Landlord shall have the right ceilings, floors, windows, doors, plate glass, and (if applicable) skylights, but not the obligation) to select the contractor and oversee all such repairs. Landlord may make excluding any repairs items which are not promptly made by Tenant after Tenantthe responsibility of Landlord pursuant to Paragraph 7.2 below. Subject to the provisions of Paragraph 7.2 (Landlord’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five Obligations), Paragraph 9 (5) business days from receipt of said written notice (Damage or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionDestruction), and charge Paragraph 14 (Condemnation), Tenant’s obligations shall include restorations, replacements, or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition, and state of repair. Tenant shall also be solely responsible for the cost thereof, which cost shall be paid of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant or Tenant’s employees, contractors, agents, guests or invitees. If Tenant refuses or neglects to perform its obligations under this paragraph to the reasonable satisfaction of Landlord, and Tenant does not commence to cure such failure within ten (10) days following Landlord’s written notice that the cure is required, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant’s Property or to Tenant’s business days from invoice from Landlordby reason thereof. If Landlord performs any such obligations, Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights pay to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentas Additional Rent, Landlord’s reasonable costs and expenses incurred therefor.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant's Obligations: Tenant shall keep and maintain the Premises (including all non-structural, exterior, interior systems and equipment) in good order, condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable the service and repair to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or ventilating and air-conditioning systems of system (the Project"HVAC System") and sprinkler system during the Term. Furthermore, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design trash and function of all non-standard improvements of waste removal from the Premises, whether or not installed by Landlord at Tenant’s request. All repairs and replacements shall be performed in a good and workmanlike manner and in accordance with the terms of this Lease. Except as otherwise expressly provided set forth above, all of Tenant's obligations to maintain and repair the Premises shall be accomplished at Tenant's sole expense. Tenant shall also be responsible for any inspection fees with respect to the sprinkler system serving the Premises and shall also be required to repair any damage the sprinkler system that is caused by Tenant, its agents, employees, contractors or invitees. Landlord shall be responsible for the prompt snow removal of the parking areas and sidewalks, and to keep and maintain the parking areas, sidewalks and landscaped areas surrounding the Premises in this Leasean attractive and clean condition free from dirt and rubbish, and Tenant shall ensure that its employees and invitees do not litter or leave rubbish in the surrounding areas. During the Term, Tenant waives all rights shall procure and maintain a service contract for the inspection, service, maintenance and repair of the HVAC System and sprinkler system serving the Premises (the inspection pursuant to such contract shall be made at least quarterly); and provided Tenant has entered into such maintenance contracts, Landlord shall promptly replace any portion of the Premises or any systems or equipment thereof which cannot be fully repaired. The identity of the contractor and the contract shall be subject to Landlord's reasonable approval. Copies of reports of inspections made hereunder shall be promptly supplied to Landlord. If Tenant fails to enter into such maintenance contracts and make such repairs or replacements promptly as required herein, Landlord may, at its option, make the expense repairs and replacements and the costs of Landlord, such repair or replacements shall be charged to deduct Tenant as Additional Rent and shall become due and payable by Tenant with the cost thereof from the rentmonthly installment of Base Rent next due hereunder.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9As of the earlier of the commencement date or the date Tenant takes occupancy of the demised premises for purposes of conducting its business, Tenant shall keep be deemed to have accepted the Premises demised premises as being in good and sanitary order, condition and repair; except that Tenant shall have (a) sixty (60) days after entering the demised premises to give Landlord written notice of any patent defects in the demised premises and (b) one (1) year after entering the demised premises to give Landlord written notice of any latent defects in the demised premises and Landlord shall forthwith correct any such defects delineated by Tenant. Subject to the provisions of Article 9 above and Section 12.2 below, Tenant shall at all times during the term of this Lease, and at Tenant's sole cost and expense, keep, maintain and repair and in compliance with Landlord’s sustainability practices (including, but subject to the provisions of Article 21, any damage caused as a result of any burglary or by natural elements) the Building and other improvements upon the demised premises in good and sanitary order, condition and repair, including without limitation, compliance with any LEED rating the maintenance and repair of the heating and air conditioning system (for the Building, all elevators serving the Building, all interior walls, windows or other certification standard) applicable to the Projectglass, glazing, casements, doors, plumbing, pipes, electrical wiring and conduits. Subject to Section 14(d) below, all damage or injury Landlord's obligations in Article 9 above with respect to the Premises Common Areas, Tenant shall at all times during the term of this Lease, and at Tenant's sole cost and expense, keep, maintain and repair (including any injury caused by disease, infestation or natural elements) all landscaping and other improvements within the Project resulting from demised premises at least to the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or standard required by the use CC&Rs more fully described in Article 43. If Landlord has any warranties which remain in effect with respect to any repairs which Tenant is obligated to make, Landlord shall, upon request, assign to Tenant the right to enforce any such applicable warranties. Subject to Article 9 and Section 12.2, if any portion of the Premisesdemised premises, or any system or equipment exclusively serving the demised premises, or any landscaping or other improvement within the demised premises for which Tenant is responsible to maintain cannot be fully repaired, then Tenant shall, at Tenant's sole cost and expense, promptly replace the same with new or reconditioned equipment, landscaping or other item, as applicable, of like kind and quality. Tenant shall be promptly repaired by Tenant also, at its sole cost and expense, be responsible for any nonstructural alterations or improvements (including, without limitation, any alterations or improvements which are primarily nonstructural but which require penetration or other minor modification of the structure in order to complete) to the satisfaction of Landlord; provided, however, that for damage to the Project demised premises necessitated as a result of casualty the requirement of any municipal, state or for any repairs that federal authority which may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems be imposed due to Tenant's specific use of the Project, demised premises. Tenant hereby waives all rights provided for by Sections 1941 and 1942 of the Civil Code of the State of California to make said repairs which Landlord shall have the right (but not the obligation) is obligated to select the contractor and oversee all such repairs. make under this Lease; provided that if Landlord may fails to make any such repairs which are not promptly made by Tenant after Tenant’s receipt the giving of written notice and the reasonable opportunity expiration of any applicable time period provided for herein, then Tenant to may make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant xxx Landlord for the cost thereof, which cost shall be paid thereof (provided that in no event may Tenant offset any amounts incurred by Tenant within ten (10) business days from invoice from Landlordin connection with the making of any such repairs against any amount owing by Tenant to Landlord under this Lease). Tenant shall be responsible for On the design and function of all non-standard improvements last day of the Premises, whether term of this Lease or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in sooner termination of this Lease, Tenant waives shall surrender the demised premises with all rights appurtenances, in good condition and repair, reasonable wear and tear and damage not required to make repairs at the expense of Landlordbe repaired pursuant to Article 21 or Article 35 excepted, or but subject to deduct the cost thereof from the rentSection 11.3 above.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 7.2, Tenant Tenant, at its sole cost, shall keep the Premises in good order, condition and repair and in compliance with Landlord’s sustainability practices includingduring the Lease Term, including without limitation: all nonstructural, compliance with any LEED rating system (or other certification standard) applicable to interior areas; all heating, ventilation and air conditioning systems and equipment serving the Project. Subject to Section 14(d) belowPremises only; all glass, glazing, windows, window moldings, partitions, doors and door hardware which are in the interior of the Premises; all damage or injury to interior painting; all fixtures and appurtenances in the Premises or exclusively serving the Project resulting from Premises including electrical, lighting and plumbing fixtures; and all other portions of the act interior of the Premises (collectively, “Maintenance and Repairs”). If any portion or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use element of the Premises, or the other systems or equipment for which Tenant is responsible hereunder cannot be fully repaired, Tenant shall be promptly repaired by Tenant replace the same at its sole cost and expense regardless of whether the benefit of such replacement extends beyond the Lease Term. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises, at all times during the Lease Term, in an attractive, good and fully operative condition, at Tenant’s expense. If any heating and air conditioning system or equipment exclusively serves the Premises, Tenant shall additionally obtain and keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord. Prior to April 1 of each calendar year, Tenant shall deliver Landlord written confirmation from such contractor verifying that such a contract has been entered into and that the satisfaction required service will be provided. Landlord shall not undertake the responsibility of Landlordmaintaining and repairing the heating and air conditioning system for the Premises; provided, however, that for damage to if upon the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems surrender of the ProjectPremises to Landlord, Landlord shall have the right (but not the obligation) to select the contractor heating and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant air conditioning system for the cost thereofPremises is not in good working order, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible reimburse Landlord’s cost to repair plus fifteen percent (15%) of such amount for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentoverhead immediately upon demand.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, shall make all repairs and/or replacements to the satisfaction Premises and shall at all times keep the Premises and all improvements at any time located thereon in good order, condition and repair, including, but not limited to, the roof, exterior and interior walls, structural parts and structural floor of Landlord; providedthe building located on the Premises, howeverfire protection services, that and pipes and conduits inside the Premises and outside the Premises for damage the furnishing to the Project as a result Premises of casualty or for any repairs various utilities (except to the extent that may impact the mechanicalsame are the obligation of the appropriate public utility), electricalthe storefront, all doors, plate glass, all plumbing, heating, ventilation ventilating and air conditioning ("HVAC") unit(s), electrical and lighting facilities and equipment within the Premises or air-conditioning systems exclusively serving the Premises and the Outside Seating Area. Tenant shall also be responsible for the repair of any and all damage to the ProjectPremises and/or Shopping Center and any improvements at any time located thereon caused by any act of Tenant or its employees, agents or contractors or any repairs necessitated by alterations, additions or improvements made by or on behalf of Tenant. If Tenant fails to perform any of its obligations, Landlord may, at its option, after fifteen (15) days written notice to Tenant, enter the Premises and put the same in good order and repair and the cost of Landlord's work, together with an administrative fee of ten percent (10%)of such costs, shall have the right (but not the obligation) to select the contractor become due and oversee all such repairs. Landlord may make any repairs which are not promptly made payable as additional rent by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible enter into a service contract (the "Service Contract") within thirty (30) days after the Rental Commencement Date with a maintenance contractor approved by Landlord, for the design monthly servicing of HVAC systems and function of all non-standard improvements of equipment within the Premises, whether or not installed . The Service Contract shall include all scheduled maintenance as recommended by Landlord at Tenant’s request. Except the equipment manufacturer as otherwise expressly provided for set forth in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentoperation/maintenance manual.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep The interior of the Premises and all facilities and equipment within and serving the Premises shall at all times be kept in good order, condition and repair by Tenant, and shall also be kept in compliance a clean, sanitary and safe condition in accordance with Landlord’s sustainability practices includingthe laws of the State of Michigan and all reasonable directions, without limitationrules and regulations of Landlord and the health officer, compliance with any LEED rating system (fire Marsxxxx, xxilding inspector or other certification standard) applicable proper officers of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant, unless the same arise from any act or negligence of Landlord, its agents, employees, invites or 18 guests. Tenant shall comply with all requirements of law, ordinance and otherwise regarding Tenant's use and occupancy of the Premises, providing, however, that Tenant shall not be so required to make any structural or other substantial change to the ProjectPremises. Subject to Section 14(d) belowTenant shall cause no waste, all damage or injury to the Premises. Tenant shall at its own cost and expense replace any glass windows and doors in the Premises which may be broken or cracked, unless the Project resulting from the same arise out of any act or negligence of TenantLandlord, its agents, employees, agents or visitors, guests, invitees or licensees or guests. Tenant shall at its own cost and expense maintain in good operating condition all heating and air conditioning equipment located within and serving the Premises as required by the use manufacturers of such equipment or as reasonable required by Landlord, provide janitorial services for the Premises and wash the interior and exterior windows of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant hereby waives all rights to make any repairs or incur any maintenance costs at Landlord's expense. At the expense expiration of Landlordthis Lease, Tenant shall surrender the Premises in good condition, reasonable wear and tear and loss by fire or other unavoidable casualty excepted. Nothing within this Section shall create an obligation on the part of Tenant to deduct comply with any of the cost thereof from the rentlaws, directions, repairs, modifications, alterations or rules and regulations referred to which may require structural additions, unless such compliance is required due to any act or work performed by Tenant, in which event Tenant shall comply at its sole expense.

Tenant’s Obligations. (a) Except as expressly otherwise provided as Landlord’s obligation in this Article 9Lease, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with in Section 5.03, 6.01 and 6.03, Article Seven (Damage or Destruction), Article Eight (Condemnation), and Article 16 (Landscaping), Tenant shall keep all portions of the Property (including nonstructural, interior, systems and equipment) in god order, condition and repair (including interior repainting and refinishing, as needed). If any LEED rating portion of the Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (or other certification standard) as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended). Tenant shall be liable only for that portion of the cost which is applicable to the Project. Subject to Section 14(d) belowLease Term (as extended), all damage or injury to and Tenant shall maintain a preventive maintenance contract providing for the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use regular inspection and maintenance of the Premises, shall be promptly repaired heating and air conditioning system by Tenant at its sole cost a licensed heating and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-air conditioning systems of the Project, contractor. Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of right, upon written notice to Tenant, to undertake the responsibility for preventive maintenance of the heating and air conditioning system at Tenant's expense. In addition, Tenant shall, at Tenant's expense, repair any damage to the reasonable opportunity roof, foundation or structural portions of Tenant to make said repair within five (5) business days from receipt walls caused by Tenant's acts or omissions. It is the intention of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attractive, first-class and fully operative condition. (b) Tenant shall fulfill all of Tenant's obligation under this Section 6.04 at Tenant's sole expense. If Tenant fails to completionmaintain, repair or replace the Property as required by this Section 6.04, Landlord may, upon thirty (30) days' prior notice to Tenant (except that no notice shall be required in the case of emergency), enter the Property and charge Tenant for the cost thereofperform such maintenance or repair (including replacement, which cost shall be paid by Tenant within ten (10as needed) business days from invoice from Landlordon behalf of Tenant. In such case, Tenant shall be responsible reimburse Landlord for the design and function of all non-standard improvements of the Premises, whether costs incurred in performing such maintenance or not installed by Landlord at Tenant’s requestrepair immediately upon demand. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSection 6.05.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant agrees at all times from and after the Commencement Date, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole own cost and expense, to repair, maintain in good and tenantable condition and replace, as necessary, the satisfaction Premises and every part thereof (except portions of the Premises specifically required to be maintained by Landlord pursuant to this Lease), including without limitation all equipment and Utility Installations exclusively serving the Premises; any Air Conditioning System or portion thereof exclusively serving the Premises; exterior and interior glass; signs; locks and closing devices, window sashes, casements and frames; doors and door frames; floor coverings; any grease traps, grease lines, and/or piping; the storefront; and all items of repair, maintenance, alteration, improvement or reconstruction as may be required by any Legal Requirement or the insurance underwriter(s) for the Shopping Center. In no event shall Tenant be required to make repairs necessitated by the negligence or willful acts of Landlord or anyone claiming under Landlord; provided, howeverbecause of the failure of Landlord to perform or observe any term or condition of this Lease, that for damage or because of Improvements made by Landlord except to the Project extent otherwise covered by the insurance Tenant is required to carry under this Lease. All replacements made by Tenant shall be of like size, kind, and quality to the items replaced as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord they existed when originally installed and shall be subject to Landlord's prior approval. Tenant shall have the right (but not benefit of any warranty(ies) in connection with Landlord's Work to the obligation) to select the contractor and oversee all extent any such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements warranty covers portions of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Premises Tenant waives all rights is obligated to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentrepair and maintain hereunder.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant's sole cost and expense, -------------------- except for services furnished by Landlord pursuant to Paragraph 6 and Landlord's obligations under Paragraph 9.1, shall maintain, in good order, condition, repair, and appearance the Premises, including the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the satisfaction act, neglect, omission or fault of Tenant), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items exclusively serving the Premises, subject to the provisions of Paragraph 14. In the event Tenant fails to maintain the Premises as required by this Paragraph 9.2, Landlord shall give Tenant notice to do such acts as are required by this Paragraph 9.2. If within a reasonable time not to exceed 30 days following Landlord's notice, Tenant fails to perform its obligations under this Paragraph 9.2, or if those obligations cannot reasonably be completed within 30 days, fails to promptly commence such work and diligently pursue it to completion within a reasonable time not to exceed 90 days, then Landlord shall have the right, but shall not be required, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform those obligations, without curing Tenant's default. The funds so expended plus 20% of such amounts as an overhead/administrative charge shall be due and payable by Tenant within 10 days after receipt of Landlord; provided's invoice. Landlord shall have no liability to Tenant for any damage, however, that for damage to inconvenience or interference with the Project use of the Premises by Tenant as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether performing or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentperforming any such obligations.

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Paragraph 7.2 (Landlord’s obligation in this Article 9Obligations), Paragraph 9 (Damage or Destruction), and Paragraph 14 (Condemnation), Tenant shall shall, at Tenant’s sole cost and expense and at all times, keep the Premises and every part thereof in good condition order, condition, and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (whether or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to not such portion of the Premises requiring repair, or the Project resulting from means of repairing the act same, are reasonably or negligence of Tenant, its employees, agents readily accessible to Tenant and whether or visitors, guests, invitees or licensees or by not the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that need for damage to the Project such repairs occurs as a result of casualty Tenant’s use, any prior use, the elements, or for any repairs that may impact the mechanicalage of such portion of the Premises) including, electricalwithout limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, ventilation ventilating, air conditioning, electrical, lighting facilities, boilers, fired or air-conditioning systems unfired pressure vessels, fire hose connectors if within the Premises, fixtures, interior walls, interior surfaces of the Projectexterior walls, Landlord shall have the right (ceilings, floors, windows, doors, plate glass, and skylights, but not the obligation) to select the contractor and oversee all such repairs. Landlord may make excluding any repairs items which are not promptly made by Tenant after the responsibility of Landlord pursuant to Paragraph 7.2 below. Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (obligations shall include restorations, replacements, or such period of time as may be reasonably renewals when necessary to complete such repairkeep the Premises and all improvements thereon or a part thereof in good order, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)condition, and charge state of repair. Tenant shall also be solely responsible for the cost thereof, which cost shall be paid of all repairs and replacements caused by the negligent acts or omissions or intentional misconduct by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s requestemployees, contractors, agents, guests or invitees. Except as otherwise expressly provided for in If Tenant refuses or neglects to perform its obligations under this Lease, Tenant waives all rights paragraph to make repairs at the expense reasonable satisfaction of Landlord, Landlord may, but without obligation to do so, at any time perform the same without Landlord having any liability to Tenant for any loss or damage that may accrue to Tenant’s Property or to deduct the cost thereof from the rentTenant’s business by reason thereof. If Landlord performs any such obligations, Tenant shall pay to Landlord, as Additional Rent, Landlord’s costs and expenses incurred therefor.

Tenant’s Obligations. Except Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (including all non-structural interior portions, systems and equipment; interior surfaces of exterior walls; interior moldings, partitions and ceilings) in as expressly provided good order, condition and repair as Landlord’s obligation they were on the Commencement Date, reasonable wear and tear and damage from fire and other casualties excepted. In the event that compliance with Laws is required after the Commencement Date, which is due in this whole or in part to Tenant's specific use of the Premises (as opposed to general office use) and/or Tenant's specific actions or inactions with respect to the Premises, the cost of compliance shall be Tenant's sole responsibility. Likewise, in the event any governmental authority requires any alterations to the Building or the Premises as a result of Tenant's particular use of the Building or as a result of any alterations to the Premises by Tenant, Tenant shall be obligated for the cost of all such alterations. In the event such alterations involve the structural, mechanical, electrical, life safety or heating and air conditioning systems of the Building ("Structural Alterations"), Landlord shall make such repairs after Tenant deposits with Landlord an amount sufficient to pay for the cost thereof. In the event the alterations are not Structural Alterations, Tenant shall make the repairs, at Tenant's sole cost and expense. All such repairs shall be performed in accordance with Article 9, . Tenant shall keep the Premises in good a neat and sanitary condition and repair and in compliance with Landlord’s sustainability practices includingshall not commit any nuisance or waste on the Premises or in, without limitation, compliance with any LEED rating system (on or other certification standard) applicable to about the ProjectProperty. Subject to Section 14(d) below, all All uninsured damage or injury to the Premises or to the Project resulting from the act Property caused by Tenant installing, removing or negligence transporting any furniture, fixtures, equipment or other property of Tenant, its employeesagents, agents contractors, servants or visitors, guests, invitees or licensees or by the use of the Premises, employees shall be repaired, restored and replaced promptly repaired by Tenant at its sole cost and expense, expense to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be solely responsible for the design for, shall indemnify, protect and function of all non-standard improvements defend Landlord against and hold Landlord harmless from, any penetrations or perforations of the roof or exterior walls to the Building caused by Tenant. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises in a first-class and fully operative condition. All repairs made by Tenant shall be at least equal in quality and workmanship to the original work (ordinary wear and tear excepted) and shall be made by Tenant in accordance with all Laws. The maintenance obligations of Tenant shall apply even if Tenant has vacated the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, whether the same shall be the property of Tenant or Landlord, shall promptly repair and at all times maintain in good condition the entire Premises, including without limitation the entire interior of the Premises, the fixtures, equipment, electrical and plumbing fixtures and equipment, walls, ceilings, floors, HVAC equipment and ducts, utilities lines whether or not exposed, boilers, all doors and windows including without limitation Tenant's entry doors, communications lines and equipment, all painting and decorations of every kind, elevator inside the Premises (including all repairs, maintenance, licensing and replacement, if necessary), sidewalk adjacent to the satisfaction of Premises and any exterior alterations including but not limited to Automatic Teller Machines, deposit boxes, and Tenant shall promptly replace all broken or damaged glass, including glass and plate glass. If both Tenant's and Landlord; provided, however, that for 's insurance covers a repair or any damage to the Project as a result of casualty or for any repairs that may impact the mechanicalbe repaired, electricalTenant's insurance shall be primary and Landlord's insurance shall be secondary, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of fact that Landlord's insurance covers such repair or damage shall not impose any obligations upon Landlord not otherwise expressly agreed to in this Lease. Tenant shall make all repairs and replacements to the Premises expeditiously in a first class and workmanlike manner using high quality new materials, by hiring persons approved in advance by Landlord, which approval shall not be unreasonably withheld. In the event that Tenant fails to make said repair within five (5) business days from receipt or commence the making of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)the Premises as required under terms of this Lease, and charge or should Tenant for the cost thereoffail to fulfill any of its obligations under this Lease, which cost shall be paid by then after Tenant within receives ten (10) business days from invoice prior written notice from Landlord, Landlord may enter and make such repairs at Tenant's expense, or may fulfill Tenant's obligations. If Landlord pays charges for repairs or services, or fulfills any obligation of Tenant under this Lease, then Tenant agrees to reimburse Landlord for said payment or costs upon presentation of bills or invoices for the necessary repairs and proof of payment or fulfillment thereof. On the last day of the Term, or on any sooner termination, Tenants shall surrender the Premises and all improvements and Subsequent Alterations to Landlord in the same condition as they were when first completely installed, clean and free of debris, ordinary wear and tear excepted, unless Landlord elects to require Tenant to remove some or all of its Improvements or Subsequent Alternations, in which case Tenant shall, prior to such surrender, remove all or whichever of its Improvements as Landlord directs, and in addition, at Landlord's election, demolish and remove the entirety of the reinforced concrete vault in the basement, and repair all damage to the Premises or Building caused by such demolition and removal. Any damage or deterioration of the Premises shall not be deemed ordinary wear and tear if the same could have been prevented by good maintenance practices. Tenant shall be responsible for repair any damage to the design and function Premises occasioned by the installation or removal of all non-standard improvements of the PremisesTenant's trade fixtures, whether furnishings, equipment, Improvements or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSubsequent Alterations.

Tenant’s Obligations. Except as expressly provided as LandlordSubject to the provisions of Sections 8.2 and 14, Tenant, at Tenant’s obligation in this Article 9expense, Tenant shall keep the Premises in good order, condition and repair the Premises and in compliance with Landlord’s sustainability practices every part thereof including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to limiting the Project. Subject to Section 14(d) belowgenerality of the foregoing, all plumbing, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate glass and skylights located within the Premises. All repairs made by the Tenant shall be at least of the same quality, design and class as that of the original work. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the Building and grounds, the parking of vehicles and the preservation of good order therein as well as for the convenience of other occupants and tenants of the Building. All damage or injury to the Building or to the Premises, fixtures, appurtenances and/or equipment caused by the Tenant moving property in or out of the Building or the Premises or by Tenant’s installation or removal of furniture, fixtures, or other property, or from any other cause of any kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of the Project resulting from the act or negligence of Tenant, its agents, employees, agents invitees, contractors or visitorssubcontractors shall be repaired, guestsrestored, invitees or licensees or replaced promptly by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, expense to the satisfaction of the Landlord; provided. In the event that the Tenant fails to keep the Premises in good order, howevercondition and repair while this Lease remains in effect, that for damage then as soon as possible after written demand (which written demand shall not be required in the case of an emergency), Landlord may restore the Premises to the Project as a result of casualty or such good order and condition and make such repairs without liability to Tenant for any repairs loss or damage that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) accrue to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) property or business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)by reason thereof, and charge upon completion thereof Tenant for shall pay to Landlord upon demand and as Additional Rent the cost thereofof restoring the Premises to such good order and condition, which cost together with interest thereon from the date paid. Bulb replacement when necessary shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentTenant.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and maintain, repair and in compliance with Landlord’s sustainability practices includingreplace, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems all portions of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs Premises which are not promptly made Landlord's obligations under Paragraph 8(a), including, without limitation, (i) the roof membrane, windows and window frames; (ii) the building systems serving the Premises for electrical, mechanical, HVAC and plumbing and all controls appurtenant thereto, the fire safety sprinkler system, and any elevators in the Building (collectively, including elevators, "Building Systems"); and (iii) the interior portion of the Buildings, the Tenant Improvements, the Alterations, and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises. If Tenant exercises its right to extend the Term for the Extension Term, at Tenant's election Tenant may, by written notice to Landlord delivered at any time at least thirty (30) days prior to expiration of the Initial Term, cause Landlord to assume Tenant's maintenance obligations with respect to the Building Systems under clause (ii) above, which assumption by Landlord shall be effective during the Extension Term. If Landlord assumes such obligations, all costs incurred by Landlord in connection therewith shall be deemed Additional Charges payable by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completionin accordance with Paragraph 4(c), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design expense of installation, operation, and function maintenance of its telephone and other communications cabling from the public right-of-way to the point of entry into the Buildings and throughout the Premises, although Landlord shall have the right, at Landlord's sole election, to perform such work on behalf of Tenant in Common Areas, provided Landlord performs such work in coordination with Tenant and its contractors in such a manner as will accommodate Tenant's reasonable objectives with respect thereto. The Premises shall at all nontimes be maintained by Tenant in the condition of a first-standard improvements class office building. Tenant's obligations under this Paragraph 8 include, without limitation, the replacement, at Tenant's sole cost and expense, of any portions of the Premises or Building Systems which are not Landlord's express responsibility under Paragraph 8(a), if it would be commercially prudent to replace, rather than repair, such portions of the Premises, regardless of whether or not installed by such replacement would be considered a capital expenditure; provided, however, that if Landlord has assumed Tenant's maintenance obligations for Building Systems pursuant to this Paragraph 8(b), any replacement of any portion of the Building Systems which would be considered a capital expenditure and which is made at Tenant’s requestleast one (1) year after Landlord assumes such obligations shall be amortized in accordance with Paragraph 4(c)(i)(D)(v). Except as otherwise expressly provided for in this Lease, Tenant hereby waives all rights and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the expense California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of Landlordthe California Civil Code or under any similar law, statute or to deduct the cost thereof from the rentordinance now or hereafter in effect.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standarda) applicable Subject to the Project. Subject to terms and provisions of Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence 17.02 of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives shall maintain the Premises (except the Common Building Facilities contained therein), including all rights of Tenant's additions, alterations, installations, improvements and trade fixtures, the diesel motor for the Data Center Space located outside the Building, and other Special Systems installed by or on behalf of Tenant, and all of Tenant's property within the Premises and shall repair any and all damage caused by it to make repairs the Premises, ordinary wear and tear, damage by fire or other casualty, damage arising out of condemnation or eminent domain proceedings and damage caused by others for whom Tenant is not responsible excepted. Upon termination of this Lease, Tenant shall surrender and deliver up the Premises in the same condition in which existed at the expense commencement of this Lease, except for ordinary wear and tear, Tenant's alterations, additions, installations and improvements, repairs and maintenance assumed by Landlord, damage arising from fire or other casualty, damage arising out of condemnation or eminent domain proceedings and damage caused by others for whom Tenant is not responsible and which damage Tenant is otherwise not obligated to deduct repair or restore under this Lease. Notwithstanding the cost thereof foregoing in this Section 8.02(a), Tenant, at Landlord's sole risk and cost, shall maintain the Liebert units currently located in the Data Center Space ("Liebert Units"), and the diesel motor for the Data Center Space located outside the Building ("Diesel Motor"). Tenant shall enter into quarterly maintenance contracts with a contractor reasonably acceptable to both Landlord and Tenant for the maintenance of the Liebert Units and the Diesel Motor. Landlord shall reimburse Tenant within thirty (30) days of delivery of an invoice from Tenant for all maintenance costs incurred by Tenant for maintenance of the rentLiebert Units, and the Diesel Motor. If Tenant fails to enter into such quarterly maintenance contracts for the Liebert Units and the Diesel Motor, then Tenant shall be solely responsible for all maintenance, repair and replacement costs for the Liebert Units and the Diesel Motor. Notwithstanding the foregoing in this Section 8.02(a), Landlord shall pay all maintenance, repair and replacement costs of the Liebert Units and the Diesel Motor.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, The Tenant shall at all times keep the Premises in good order, condition and repair and in compliance with Landlord’s sustainability practices includingrepair, without limitation, compliance with any LEED rating system (or other certification standard) applicable to including periodic painting of the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use interior of the Premises. The Tenant’s duty to maintain and repair includes, but is not limited to: (i) maintaining, repairing and/or replacement, if required, of all portions of the Premises and/or the mechanical equipment or facilities that exclusively service the Premises not to be maintained or repaired by the Owner as provided in Section 8.01 above; provided, however that during the first (1”) year of the Initial Term of this Lease, the Owner shall be promptly repaired responsible for any repairs or replacements of the heating, ventilation, and air conditioning (“HVAC”)-equipment serving the Premises except for any repair or replacement necessitated by Tenant the negligence or intentional act of the Tenant; (ii) maintaining the exterior and interior of the store front, entrances, doors and windows; (iii) the interior walls including demising walls; (iv) all utility meters, fixtures, equipment, heating and air conditioning equipment and systems; (v) lighting, electrical and plumbing facilities and fixtures; (vi) floor covering, ceilings and all other interior portions of the Premises; and (vii) the Tenant’s signs and displays on the exterior of the Premises. Prior to the Commencement Date of this Lease, the Owner at its the Owner’s sole cost and expenseexpense shall have an independent third party conduct an examination and issue a written report to ascertain that the HVAC equipment serving the Premises is functioning properly, is in good working order and is designed in accordance with the “Plans” defined in Exhibit D of this Lease. The Owner represents and warrants to the satisfaction Tenant that at the Commencement Date of Landlord; provided, however, this Lease all plumbing and electrical equipment and facilities that for damage serve the Premises shall be in good working order and condition. Owner shall contract with a qualified heating and air conditioning service contractor to perform all routine maintenance to the Project HVAC equipment serving the Premises, including the changing of filters as recommended by the manufacturer, and shall deliver a result copy of casualty or such service to Tenant. Tenant shall reimburse Owner for any repairs that may impact the mechanical, electrical, plumbing, cost of such service to Tenant’s heating, ventilation or air-and air conditioning systems system within twenty (20) days of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and Owner’s xxxx for such service. Any replacements made by the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost hereunder shall be paid by Tenant within ten (10) business days from invoice from Landlordof like or better quality than existed at the Commencement Date of the Initial Term of this Lease. The Tenant shall be responsible for the design and function of all non-standard improvements take good care of the PremisesPremises and shall reimburse the Owner for any repairs thereto or to the Building or Common Areas which are necessitated by the misuse or negligence of the Tenant, whether or not installed by Landlord at the Tenant’s request. Except as otherwise expressly provided for in this Leaseemployees, Tenant waives all rights to make repairs at the expense of Landlordagents, contractors, licensees or to deduct the cost thereof from the rentinvitees.

Tenant’s Obligations. Except as expressly provided as for those items described in Section 9.A above which are required to be maintained and repaired by Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and clean, maintain, repair and in compliance with Landlord’s sustainability practices includingreplace when necessary the Building and every part thereof through regular inspections and servicing, without limitation, compliance with any LEED rating system (or other certification standard) applicable including but not limited to the following, to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs: (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment serving solely the Building, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment, and (viii) the roof membrane system. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements, normal wear and tear excepted. With respect to items (ii), (vii) and (viii) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any part of the items in (i) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, Landlord may assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. Subject to Section 14(d) below, all If any damage or injury destruction to the Premises or the Project resulting from is caused by the act or negligence of Tenant or Tenant’s Agents, its employeesTenant shall promptly repair or restores such damage or destruction, agents except to the extent the cost of such repair or visitors, guests, invitees or licensees or restoration is fully covered by insurance maintained by Landlord and is required to be repaired by Landlord pursuant to Article 16 below. If as a part of the use maintenance of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction is liable under Section 9.B for payment of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems replacement of the Projectroof membrane or any HVAC serving only the Premises that would typically be capitalized under GAAP, Landlord shall have the right (but not the obligation) to select the contractor perform such replacement and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for pay Landlord each month an amount equal to the design and function product of all non-standard improvements such total cost multiplied by a fraction, the numerator of which is the number of months remaining in the Lease Term, the denominator of which is the useful life (in months) of the Premisesreplacement, whether or not installed by Landlord at Tenant’s requestas reasonably determined in accordance with GAAP and sound management practices consistently applied. Except as otherwise expressly provided for in If Tenant exercises an option to extend this Lease, Tenant waives all rights shall pay continue to make repairs at pay Landlord such additional amount equal to the expense amortized portion of Landlord, or to deduct the cost thereof from the rentsuch replacement which occurs during such extended term.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9During the Lease Term, Tenant shall keep the Premises in good condition shall, at its risk and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, maintain all other parts of the Building and other improvements in or on the Premises in good working order, repair and condition (including all necessary replacements), including, but not limited to, HVAC systems, all glass elements, doors (including dock doors), dock bumpers, light bulbs, light fixtures, regular mowing of any grass, trimming, weed removal, and regular removal of debris. However, in a multi-occupancy Building, Landlord reserves the right to perform lawn and other common area maintenance (including, without limitation, exterior painting and maintenance of any HVAC system serving the common areas of the Building or serving the Premises as well as other premises in the Building) and in such instance Tenant agrees to pay Landlord for lawn and other common area maintenance (including, without limitation, exterior painting and HVAC maintenance) based on Tenant's Percentage Share with respect to Operating Expenses, as provided in Article IV hereof (or, with respect to HVAC maintenance, based on the ratio of the Rentable Area of the Premises to the satisfaction rentable area of all premises served by said HVAC system). Tenant shall take good care of all property and its fixtures, including all landscaping, and suffer no waste. Tenant shall engage a certified pest control firm to perform regular (not less frequent than monthly but more frequent if Landlord determines the need therefor) extermination for pests including, but not limited to, roaches, rodents and termites. Should Tenant neglect to keep and maintain the Premises as required herein, the Landlord shall have the right, but not the obligation, to have the work done and any reasonable costs plus a ten percent (10%) overhead charge therefor shall be charged to Tenant as additional rental and shall become payable by Tenant with the payment of the rental next due under this Lease. In connection with Tenant's maintenance and repair of the HVAC systems, Tenant shall provide Landlord during the Term of this Lease and any renewal hereof with a duplicate original of a maintenance contract, in form and substance acceptable to Landlord; provided, howeverwith an HVAC maintenance firm acceptable to Landlord. Further, that for Tenant shall be responsible for, and upon demand by Landlord shall promptly reimburse Landlord for, any damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems portion of the Project, Landlord shall have if applicable, the right Building or the Premises caused by (but not a) Tenant's activities in the obligationBuilding or the Premises; (b) to select the contractor and oversee all such repairs. Landlord may make performance or existence of any repairs which are not promptly alterations, additions or improvements made by Tenant after in or to the Premises; (c) the installation, use, operation or movement of Tenant’s receipt of written notice and 's property in or about the reasonable opportunity of Tenant to make said repair within five Building or the Premises; or (5d) business days from receipt of said written notice (any act or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid omission by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premisesor its officers, whether partners, employees, agents, contractors or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentinvitees.

Tenant’s Obligations. Except as expressly provided as Subject to Landlord’s obligation in this Article 9Work and Section 8.2 herein, Tenant shall keep the Premises in good condition assumes full and repair sole responsibility for condition, operation, repair, alteration, improvement, replacement, maintenance and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use management of the Premises. Tenant agrees, shall be promptly repaired by at Tenant’s sole cost and expense, to take good care of the Premises and keep same and all parts thereof, together with any and all alterations and additions thereto, in good order, condition (at least as good condition as existed as of the Commencement Date) and repair, suffering no waste or injury. Except as provided in Section 8.2. herein to the contrary, Tenant shall, at its sole cost and expense, promptly perform all maintenance and promptly make all necessary repairs and replacements in and to the satisfaction of Landlord; providedPremises, howeverincluding, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanicalbut not limited to, electricalall windows, plumbingglass, plate glass, ceilings, skylights, interior and demising walls, doors, electrical systems, fixtures and equipment, lighting fixtures and equipment, plumbing systems, fixtures and equipment, sprinkler systems, fixtures and equipment, heating, ventilation or air-ventilating and air conditioning systems of the Projectsystems, Landlord shall have the right (but not the obligation) to select the contractor fixtures and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice equipment, loading docks, areas and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairdoors, if Tenant commences such repair within five (5) business days after notice from Landlord rail space areas, fences and diligently pursues such repairs to completion)signs, connections, pipes, mains, water, sewer and connections, and charge Tenant for all other systems, fixtures, machinery, apparatus, equipment and appurtenances now or hereafter part of, belonging to, connected with or used in conjunction with the cost thereofPremises. In addition, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible to maintain the repairs that Landlord makes to the floors pursuant to Landlord’s Work and for any damage to the floors and floor slab due to normal wear and tear or unreasonably excessive Tenant use. Further, Tenant agrees to provide written notice to Landlord promptly after discovering any damage to, or repairs necessary to, the floors. All such repairs and replacements shall be of first class quality and sufficient for the design proper maintenance and function operation of the Premises. Tenant shall keep and maintain the Premises safe, secure and clean, specifically including, but not by way of limitation, removal of waste and refuse matter. Tenant shall not permit anything to be done upon the Premises (and shall perform all non-standard improvements 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. Tenant shall obtain and maintain fire extinguishers in the Premises as required by Law. Tenant at its own cost and expense also shall promptly comply with any and all governmental requirement to or affecting the Premises or any part thereof required due to Tenant’s use and occupancy of the Premises, irrespective of the nature of the work required to be done and whether or not installed by Landlord the same involve or require any structural changes or additions in or to the Building. Tenant, at Tenant’s request. Except as otherwise expressly provided for in this Leaseits sole cost and expense, Tenant waives shall be responsible and perform all rights to make repairs common area maintenance and repair at the expense of LandlordProject, or to deduct the cost thereof from the rentincluding, but not limited to, landscaping, fire alarm monitoring, sprinkler systems and all snow and ice removal, but excluding parking lot maintenance.

Tenant’s Obligations. (i) Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject extent a Landlord responsibility pursuant to Section 14(dParagraph 5.1(b) below, Tenant shall, at all damage or injury to times during the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the following components of the Leased Premises: (A) all interior walls, floors and ceilings, (B) all windows, doors and skylights, (C) all electrical wiring, conduits, connectors and fixtures, (D) all lighting fixtures, bulbs and lamps, (E) all building systems, and (F) all entranceways to the satisfaction of Landlord; providedLeased Premises. Tenant shall, howeverat its sole cost and expense, that for repair all damage to the Project as a result Leased Premises, Building 4, the Common Areas or the Property caused by the activities of casualty Tenant or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the Parties within a reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time (not to exceed thirty (30) days or such longer time period as may be is reasonably necessary to complete such repairnecessary, if so long as Tenant commences the cure within such repair within five thirty (530) business days after day period and thereafter diligently completes the same) following written notice from Landlord to so repair such damages. If Tenant shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and diligently pursues without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs to completion), and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for same. All interior glass within the Leased Premises is at the sole risk of Tenant for the cost thereof, which cost and any broken glass shall promptly be paid replaced by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s requestexpense with glass of the same kind, size and quality. Except as otherwise expressly provided With respect to the items for Building 4 which Tenant is responsible described in this LeaseParagraph 5.1(a), Landlord agrees to assign to Tenant waives all rights on a non-exclusive basis any applicable warranties in favor of Landlord or its affiliates. To the extent any such warranties are not assignable, Landlord agrees to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentenforce such warranties for Tenant’s benefit.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep maintain the Premises in good condition and repair and in compliance with Landlord’s sustainability practices includingrepair, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for any repairs necessary to Tenant’s Premises due to ordinary wear and tear (e.g. replacing light bulbs in ceiling fixtures). Tenant shall maintain the design air conditioning/heating system in the Premises. Tenant shall keep and function of all non-standard improvements of maintain both the office rooms and common area in the Premise and the systems and facilities serving the Premises, whether in good working order and shall make all repairs as and when needed in or about the Premise. Should any equipment or machinery breakdown or for any cause malfunction, Tenant must notify Landlord in writing when such repairs are required and Landlord will at its expense make all necessary repairs as soon as practically possible. If the tenant breaks appliances in unreasonable use then tenant will be responsible for repairing and/or replacing the appliance. In addition, tenant shall be responsible for cleaning services within the Premise and for maintaining the premise in a clean and presentable state at all times. In the event Tenant does not installed keep and maintain the Premises to Landlord's reasonable satisfaction or make any repairs or replacements (that Tenant is obligated to make) that are reasonably requested by Landlord at Tenant’s request. Except as otherwise expressly provided for within thirty(30) days of such written request by Landlord, then Landlord may, but is not obligated to, in addition to any other remedies it may have under law or this Lease, enter upon the Premises and maintain the Premises and/or make the said repairs or replacements itself, as the case may be, and charge the cost of such repairs or replacements to Tenant as Additional Rent together with interest at the maximum legal rate authorized by applicable law from the date of expenditure by Landlord to the date of payment by Tenant. Landlord represents and warrants that HVAC system and appliances and all other systems and facilities serving the Premises are in good working condition. Tenant will be responsible for paying electricity costs for the premise. Nonpayment of the electricity xxxx will result in defaulting on the lease. Tenant waives all rights claims against Landlord for damage to make repairs at person or property arising for any reason. Landlord shall not be liable for any damage to Tenant's property caused by (a) water from bursting or leaking pipes or waste-water about the expense Property unless caused by Landlord’s gross negligence; (b) an intentional or negligent act of any other tenant or occupant of the Building or the Property; (c) fire, hurricane or other acts of God; (d) riots or vandals; or (e) any other cause unless caused by Landlord’s gross negligence; all such risks shall be assumed by Tenant. Landlord shall not be required to furnish any services or facilities to, or to deduct make any repairs to or replacements or alterations of the cost thereof Premises where necessitated due to the fault of Tenant, its officers, agents, invitees and employees, or other tenants and their agents or employees. Additionally, Tenant waives any and all claims of any kind, nature or description against Landlord arising out of the failure of Landlord from time to time to furnish any of the rentservices requested to be furnished under this Lease that are beyond Landlord’s control including, without limitation, air conditioning, heat, electricity, elevator service, and restroom facilities. Base Rent includes water/sewer, and Tenant is not responsible for HOA assessments. Prior to moving into premise, Tenant must complete the screening application for approval by the Building’s management company. This includes filling out the necessary paperwork for the application.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Demised Premises in good good, clean and habitable condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expenseexpense keep the Demised Premises free of insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass except for repairs and replacements required to be made by Landlord under the satisfaction provisions of Landlord; providedSection 8.1, howeverArticle XV and Article XVI. Without limiting the coverage of the previous sentence, it is understood that for damage to Tenant's responsibilities shall include the Project as a result repair and replacement of casualty or for any repairs that may impact the mechanical, electrical, plumbingall lighting, heating, ventilation air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures; all utility repairs in ducts, conduits, pipes and wiring in the Demised Premises; any sewer stoppage located in, under and above the Demised Premises; and all damage caused by break-ins or airattempted break-conditioning systems of ins to the ProjectDemised Premises. In the event that any roof penetration is required in connection with any repairs or maintenance required to be made by Tenant hereunder, Landlord shall have perform such roof penetration at Tenant's cost within a reasonable time after notice from Tenant, in which event Tenant shall reimburse Landlord, upon demand, for the right (but not the obligation) to select the cost thereof or, at Landlord's option, such roof penetration shall be performed by Tenant, using a contractor and oversee all such repairsapproved, in advance, by Landlord. Landlord may make If any repairs which are not promptly required to be made by Tenant hereunder are not made within thirty (30) days after Tenant’s receipt of written notice and the reasonable opportunity of delivered to Tenant to by Landlord, Landlord may at its option make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs without liability to completion), and charge Tenant for any loss or damage which may result to its inventory or other property or business by reason of such repairs; and Tenant shall pay to Landlord upon demand, as additional Rent hereunder, the cost thereofof such repairs plus interest at the rate of eighteen percent (18%) per annum, which cost shall be paid by Tenant within ten (10) business days such interest to accrue continuously from invoice from Landlord. Tenant shall be responsible for the design and function date of all non-standard improvements of the Premises, whether or not installed payment by Landlord at until repayment by Tenant’s request. Except as otherwise expressly provided for in At the expiration of this Lease, Tenant waives all rights shall surrender the Demised Premises in good condition, excepting reasonable wear and tear and losses required to make repairs at the expense of Landlordbe restored by Landlord under Section 8.1, or to deduct the cost thereof from the rent.Article XV and Article XVI

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Excepting those maintenance, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices includingrestoration obligations that have been expressly delegated to Landlord under other provisions of this Lease, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, shall keep the Premises and every part thereof in good, clean, pest-free, and sanitary condition and repair at all times during the Term. All damage, injury or breakage to any part or portion of the Premises or the Facility caused by the willful or negligent act or omission of Tenant which such negligent act or omission is not insured or required to be insured by either party under this Lease, any of its Affiliates, constituent partners, subtenants or licensees, or agents, or any of their respective officers, directors, trustees, employees, and licensees (collectively, the “Tenant Parties”), and any contractor, invitee, visitor, or customer of any Tenant Party (a “Tenant Invitee”) shall be promptly repaired at Tenant’s sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that Tenant shall be entitled to receive reimbursement for damage such expense to the Project extent that the cost of any such repair is covered by insurance obtained by Landlord as a result part of casualty or for Operating Expenses. If Tenant fails to perform any repairs that may impact the mechanicalrepair obligation when required under this Lease, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, then Landlord shall have the right (but not the obligation) to select the contractor perform such repair work and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after repair work required as a result of Tenant’s receipt damage to the Base Building or a Base Building item at Tenant’s expense, provided that, except in cases of written notice and the reasonable opportunity of an emergency, Landlord shall have given Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within at least ten (10) business days from invoice from Landlorddays’ prior written notice of Tenant’s failure to perform such repair and (a) Tenant shall have failed to complete such repairs prior to the expiration of such notice period or (b) if such repairs could not be completed within such notice period, Tenant shall have failed to commence such repairs or to diligently prosecute the same to completion after having commenced the repairs within such period. Tenant shall upon written demand reimburse Landlord for all uninsured costs incurred by Landlord as a result of any breach of Tenant’s maintenance and repair obligations under this Section. Tenant shall be solely responsible for the design and function of all non-standard improvements of the Premisesretrofit work, whether or not installed by Landlord at Tenant’s request. Except as to the extent otherwise expressly provided for in Subsection 23.6.1 below or elsewhere in this Lease, Tenant waives all rights to make repairs to the Premises or to the Facility at the expense of Landlord, or to deduct the cost thereof of such repairs from the rentany payment owed to Landlord under this Lease.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and maintain, repair and in compliance with Landlord’s sustainability practices includingreplace, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems all portions of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs Premises which are not promptly made by Tenant after Tenant’s receipt of written notice listed under Subparagraphs 9(a) and 9(b), including, without limitation, (i) the reasonable opportunity of Tenant to make said repair within five roof membrane, (5ii) business days from receipt of said written notice the Building systems for electrical, mechanical, HVAC and plumbing and all controls appurtenant thereto (or such period of time as may be reasonably necessary to complete such repaircollectively, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion“Building Systems”), and charge (iv) the interior portion of the Buildings, the Tenant Improvements, the Alterations, and any additional tenant improvements, alterations or additions installed by or on behalf of Tenant within the Premises. Parcel 2 shall at all times be maintained in the condition of a first-class office and research and development park. Without limiting the foregoing, the Building Systems shall be maintained in accordance with certain standards and a maintenance schedule which shall be provided by Landlord, at Landlord’s option, in accordance with commercially reasonable recommendations of Landlord’s landscaping and/or building contractors, manufacturers and/or consultants. If and when Landlord provides maintenance standards and schedule for the cost thereofBuilding Systems, which cost shall be paid Tenant agrees to review the maintenance standards and schedule proposed by Tenant Landlord within ten (10) business days from invoice from following the date they are submitted by Landlord to Tenant and to notify Landlord, in writing, of any objections to the standards and schedule, in Tenant’s reasonable discretion. If Tenant fails to notify Landlord of any objection within such ten (10) business day period, Tenant shall be responsible for deemed to have approved the design proposed standards and function schedule. If Tenant objects to the proposed standards and schedule and the parties are unable to resolve Tenant’s objections, either party may submit such dispute to arbitration pursuant to Paragraph 40 [Arbitration of all non-Disputes], provided that prior to the resolution of such matter by arbitration, Tenant shall maintain the Project in accordance with Landlord’s proposed standards and schedule. The maintenance standard improvements of and schedule which are placed into effect pursuant to this paragraph shall be added to the PremisesLease as Exhibit “I”, whether or not installed and may be amended by Landlord from time to time during the Term, by delivering written notice thereof to Tenant, subject to Tenant’s approval in its reasonable discretion in accordance with the procedure set forth in this paragraph. Tenant’s obligations under this Paragraph 9 include, without limitation, the replacement, at Tenant’s requestsole cost and expense, of any portions of Parcel 2 which are not Landlord’s express responsibility under Subparagraph 9(a) or 9(b), if it would be commercially prudent to replace, rather than repair, such portions of Parcel 2, regardless of whether such replacement would be considered a capital expenditure. Except as otherwise expressly provided for in this Lease, Tenant hereby waives all rights and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the expense California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) of Landlordthe California Civil Code or under any similar law, statute or to deduct the cost thereof from the rentordinance now or hereafter in effect.

Tenant’s Obligations. Except for those items described in Section 9.A above which are required to be maintained and repaired by Landlord or as expressly provided as Landlord’s obligation described in this Article 9Section 9.B below, Tenant shall keep clean, maintain, repair and replace when necessary the Premises Buildings and every part thereof through regular inspections and servicing, including but not limited to the following to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs (as defined in Section 9.C below): (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights other than washing of exterior surfaces of Building exterior window, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) all elevator equipment and (viii) the roof membrane system. All wall surfaces and floor tile are to be maintained in good condition and repair, normal wear and tear and casualty excepted (subject to Section 16 below). With respect to items (ii), (vii) and (viii) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any item in (i) through (viii) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Buildings or Project, Landlord may assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs (as defined in compliance Section 9.D below) and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. Notwithstanding this Section 9.B above, if Tenant determines that any Building components located in or servicing the Premises which Tenant is required to repair (other than Tenant Improvements or Alterations or work required of Tenant to comply with Landlord’s sustainability practices includingapplicable Laws pursuant to Section 8.C) are in need of material repair or replacement, without limitationand (i) the cost of such repair replacement is in excess of Twenty Five Thousand Dollars ($25,000), compliance with any LEED rating system and (ii) the material repair or other certification standard) applicable replacement constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of same in writing. If Tenant notifies Landlord of the foregoing pursuant to the Project. Subject prior sentence, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in its reasonable discretion) to Section 14(d) belowbe made, all damage or injury subject to reimbursement by Tenant as follows: The entire cost incurred by Landlord with respect to such work, together with interest thereon at the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the PremisesAgreed Interest Rate, shall be promptly repaired by Tenant at its sole cost and expense, to amortized over the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems useful life of the Projectcapital repair or replacement, as reasonably determined by Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice in accordance with generally accepted accounting principles, and the reasonable opportunity of Tenant monthly amortized cost (and interest thereon) shall be a Reimbursable Operating Cost to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for under this Lease until the design and function of all non-standard improvements earlier of the Premises, whether Expiration Date or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights the date that the entire cost of such work and interest thereon has been reimbursed to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall at all times and at its own -------------------- expense clean, keep the Premises and maintain in good order, condition and repair every part of the Premises which is not within Landlord's obligation pursuant to Paragraph 17.A. Tenant's repair and in compliance with maintenance obligations shall include all parking areas, sidewalks, driveways, entrances and exits, landscaping and exterior lighting, all plumbing and sewage facilities within the Building, fixtures, interior walls and ceiling, the roof membrane, floors, windows, doors, entrances, plateglass, showcases, skylights, all electrical facilities and equipment, including lighting fixtures, lamps, fans and any exhaust equipment and systems, the HVAC system, any automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of every kind and nature located in, upon or about the Premises. Notwithstanding the foregoing, if the roof membrane requires replacement during the Term of this Lease, including any extended term, then Landlord shall replace the roof membrane and the cost of such replacement shall be paid by Landlord and Tenant as follows. The cost to replace the roof membrane shall be fully amortized on a straight-line basis over the useful life of the roof membrane and Tenant shall pay to Landlord’s sustainability practices including, without limitationwithin thirty (30) days after receipt of an itemized invoice for the cost of replacing the roof membrane, compliance with any LEED rating system (or other certification standard) applicable the amortized portion of such cost that is allocable to the Projectthen remaining Term of this Lease. Subject For instance, if the useful life of the roof membrane is twenty (20) years and, at the time the roof membrane is replaced there are three (3) years remaining in the Term, then Tenant would pay to Section 14(dLandlord three-tenths (3/20ths) belowof the cost of such replacement and Landlord would pay the balance. If, however, the Term of this Lease is extended as provided in Paragraph 39, then Tenant shall pay to Landlord the amortized portion of the cost that is allocable to such extended Term. If this Lease is terminated prior to the expiration of the Term or any extended Term, for any reason other than a default by Tenant, then Landlord shall reimburse Tenant that portion of the amortized cost of such replacement that is allocable to the period from the date of termination until the expiration date of the Term or the extended Term, as applicable. The cost for replacement shall be reasonably incurred and shall be consistent with replacement costs charged by owners of buildings of similar age and construction in Santa Xxxxx County for similar replacements. Tenant shall also be responsible for all damage or injury pest control within the Premises. Landlord shall assign to Tenant any warranties with respect to the Premises which would reduce Tenant's maintenance obligations under this Lease and shall cooperate with Tenant to enforce such warranties. Tenant shall obtain HVAC systems preventive maintenance contracts with bimonthly or monthly service in accordance with manufacturer recommendations, which shall be subject to the Project resulting from the act or negligence reasonable approval of Landlord and paid for by Tenant, its employeesand which shall provide for and include replacement of filters, agents or visitorsoiling and lubricating of machinery, guestsparts replacement, invitees or licensees or by the use adjustment of the Premisesdrive belts, shall be promptly repaired by oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking at sheet metal, and recaulking of jacks and vents on an annual basis. Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not benefit of all warranties available regarding the obligation) to select the contractor and oversee all equipment in such repairsHVAC systems. Landlord may make any repairs which are not promptly made may, at Landlord's election, have the HVAC systems inspected by a licensed HVAC contractor at the expiration of the Term to confirm whether Tenant after Tenant’s receipt has maintained the HVAC systems as required herein. The cost of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost inspection shall be paid by Tenant within ten (10) business days from invoice from after Landlord's written request therefor. Additionally, if any repairs and/or replacements to the HVAC system are recommended by the contractor, Tenant shall perform such repairs and/or replacements and shall provide Landlord with evidence that such repairs and/or replacements have been completed in accordance with the contractor's recommendations. If at any time during the Term of this Lease Landlord determines that Tenant is not maintaining the roof membrane and/or the HVAC system in good order, condition and repair as required herein, Landlord may, upon not less than thirty (30) days prior written notice to Tenant, elect to assume the obligation to maintain and repair the roof membrane and/or the HVAC system, as applicable, and to enter into one or more maintenance contracts with third parties for the provision of such repair and maintenance obligations. Upon such election, Tenant shall be responsible for the design relieved from its obligations to perform only those maintenance and function of all non-standard improvements of the Premisesrepair obligations covered by such maintenance contracts, whether or not installed by and Tenant shall pay Landlord at Tenant’s request. Except monthly as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct Additional Rent the cost thereof from of such maintenance contracts, including the rentcost of any maintenance, repairs and replacements incurred thereunder.

Tenant’s Obligations. Except as expressly provided Tenant shall repair and maintain in good repair and order and keep clean and orderly all portions of the Leased Premises and the systems serving the Premises (other than those specifically described in Paragraph A. of this Article as Landlord’s obligation 's repair obligations), including, without limitation: plate glass, store front, entrances, the exterior of the building; loading docks; storage areas; interior partition walls; doors; windows; electrical wiring, equipment and fixtures; plumbing lines and fixtures; and heating and air conditioning equipment and parking lots. Subject to the waiver of subrogation provision in Article XIII, Tenant's obligations under this Paragraph B shall not be applicable to any damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or invitees involved in the performance of Landlord's repairs, or caused by Landlord's default hereunder; and Landlord agrees to repair any such damage so caused by Landlord or Landlord's employees, agents or invitees or by Landlord's default hereunder. Subject to the waiver of subrogation provision in Article 9XIII, Landlord will, however, be responsible for any bodily injury, death and property damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or invitees involved in the performance of Landlord's repair obligations and ill indemnify, defend and hold Tenant harmless from any claims by third parties, including Landlord's employees, with respect to such negligence or willful misconduct. Without limiting the generality of the foregoing, Tenant shall keep the Leased Premises (and all parts thereof) and sidewalks, serviceways, and loading areas on the Leased Premises neat, clean, and free from dirt or rubbish at all times, and shall maintain and water all landscaping and green areas and shall carefully store in good an orderly manner all trash and refuse. Tenant shall be responsible for keeping the roof, gutters and downspouts open and free of debris. Tenant shall not paint the exterior walls of the building except with the prior written consent from Landlord. In addition to any other remedies available to Landlord, Landlord shall have the right to perform any obligations of Tenant under this Article X.B if Tenant fails to perform any such obligation for a period of five (5) business days after Landlord has given Tenant written notice thereof (unless Tenant commences to cure and diligently pursue the curing of the same) and Tenant shall pay to Landlord reasonable cost thereof. Landlord shall not be required to give notice if an emergency exists. An emergency shall exist if a condition or circumstance exists which if not remedied could result in possible damage to the Building or Leased Premises or property of others in excess of $5,000.00 or impair the operations of the mechanical, electrical or plumbing systems of the Leased Premises or if the life, health or safety of any person could be endangered thereby. Tenant shall, at its own cost and repair expense enter into a regularly scheduled preventative maintenance/service contract with maintenance contractors for serving all hot water, heating and air conditioning systems, plumbing systems, elevators and other equipment within the Leased Premises. The maintenance contractor and the contract must be approved by Landlord in compliance with the exercise of its reasonable discretion. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord’s sustainability practices ) within thirty (30) days of the date Tenant takes possession of the Leased Premises. Tenant shall arrange for the regular pick-up of such trash and refuse at Tenant's expense and regular extermination services. After completion by Landlord of the construction work described in Exhibit "C," Tenant shall repair, maintain, and replace such construction and the devices and equipment installed therein and, if necessary, install additional devices and equipment (including, without limitation, compliance all grease and oil traps and/or grease and oil receptors which the City of Houston or any other governmental entity having jurisdiction over the Leased Premises deems necessary to handle the liquid waste, grease, and oil produced at the Leased Premises), in a good and workmanlike manner and in accordance with any LEED rating system (all applicable laws and regulations governing such construction, devices, and equipment. Upon the termination of this Lease or other certification standard) applicable upon the termination of Tenant's right to possession of the Leased Premises, Tenant shall surrender and deliver up to Landlord the Leased Premises broom-clean and in the same condition in which they existed on the Commencement Date, ordinary wear and tear excepted; however, such exception for ordinary wear and tear shall in no way relieve Tenant of its above-described obligations for repair, replacement and maintenance during the term of this Lease. Prior to the Project. Subject end of the Term or upon the termination of Tenant's right to Section 14(d) belowpossession of the Leased Premises or termination of this Lease, all damage or injury but subject to the Premises or the Project resulting from the act or negligence lien and security interest and other rights of TenantLandlord referred to in Article XV, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, Tenant shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; providedremove "Removable Trade Fixtures," as hereinafter defined (excluding, however, that for ducts, conduits, wiring, pipes, paneling or other wall coverings or floor coverings), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: Tenant must not be in default of any obligation or covenant under this Lease at the time of such removal; and such removal must be effected without material damage to the Project as a result Leased Premises and Tenant must promptly repair all damage caused by such removal. For the purposes hereof, the phrase "Removable Trade Fixtures" means the following: all of casualty or Tenant's signs, counters, tables, chairs, desks, racks, merchandisers and displays, standards, wall brackets, hang rods, shelves, mirrors, cash registers and other business machines, wall brackets and other equipment used by Tenant in its business operations that can be removed without materially damaging the Leased Premises. "Removable Trade Fixtures" shall not include, for any repairs that may impact purposes of Tenant's right to remove at the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems end of the ProjectTerm, items originally furnished or paid for by Landlord or replacements of such items. Unless Tenant shall have at the time of the alteration requested in writing and obtained Landlord's approval in writing of any item Tenant desires to remain on the Leased Premises after the termination of the Lease, Tenant shall, if requested by Landlord in writing prior to the termination of this Lease, remove any or all alterations, additions, fixtures, equipment and other property (not constituting Removable Trade Fixtures) installed or placed by Tenant or any sublessee or assignee (as herein permitted) (regardless of whether Landlord's consent was obtained with respect to same) in the Leased Premises and shall repair any damage caused by such removal and restore the Leased Premises to the condition thereof at the time of the commencement of the Term of this Lease, excepting only ordinary wear and tear and damage hereunder not otherwise required to be repaired by Tenant. If Tenant fails to remove any Removable Trade Fixtures or if Landlord requests in writing that Tenant remove any or all alterations, additions, fixtures, equipment and property installed or placed by it or any such sublessee or assignee in the Leased Premises (not constituting Removable Trade Fixtures) and Tenant fails to comply with such request prior to the expiration or termination of the Term of this Lease, or if Tenant fails to repair any damage to the Leased Premises and/or the Building are a part caused by its removal of any of the aforesaid, then Landlord shall have the right (but shall not the obligationbe obligated) to select the contractor and oversee all remove such repairs. Landlord may make any repairs which are not promptly made Removable Trade Fixtures and/or such other alterations, additions, fixtures, equipment or property installed or placed by Tenant after Tenant’s receipt in the Leased Premises (Tenant hereby waiving any damage caused thereby) or repair any such damage to the Leased Premises and/or Building are a part and thereupon Tenant shall, at Landlord's election, on demand pay (or reimburse Landlord for) the reasonable cost of written notice such removal and the reasonable opportunity cost of Tenant to make said repair within five (5) business days from receipt of said written notice transportation and storage on any Removable Trade Fixtures (or such period of time as may be reasonably necessary other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises) which Landlord elects to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)store pending disposition thereof, and charge the reasonable cost of repairing any such damage to the Leased Premises and/or Building, and, in addition, Tenant for shall pay Landlord upon demand interest on all such sums at the cost thereofhighest lawful rate applicable under Texas law. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant's Removable Trade Fixtures, which cost or other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises (if such removal is so requested by Landlord) shall be paid capped by Tenant within ten (10) business days from invoice from Landlordin a safe and workmanlike manner. Use by Tenant in advertising, letterheads, or otherwise of any trade name or trademark used by Landlord shall be responsible for the design subject to such restrictions and function of all non-standard improvements of the Premises, whether or not installed by regulations as Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights may prescribe from time to make repairs at the expense of Landlord, or to deduct the cost thereof from the renttime.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep periodically inspect the Premises to identify any conditions that are dangerous or in good condition and need of maintenance or repair and in compliance shall promptly provide Landlord with Landlord’s sustainability practices includingnotice of any such conditions. Tenant shall, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, promptly perform all maintenance and repairs to the satisfaction of Premises that are not Landlord; provided’s express responsibility under Section 7.1, howeverand shall keep the Premises, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanicalincluding without limitation, electricalall glass, plumbingwindows, doors, door locks, signs, walls, including demising walls, and wall finishes, floors and floor covering, heating, ventilation ventilating and air conditioning systems, ceiling insulation, hardware, dock bumpers, plumbing work and fixtures, downspouts, entries, skylights, smoke hatches, roof vents, electrical and lighting systems, and fire sprinklers in or air-about the Premises, in good condition and repair, reasonable wear and tear excepted. Tenant’s expense also perform regular removal of trash and debris. Tenant shall, at Tenant’s own expense, enter into regularly scheduled preventative maintenance/service contracts with maintenance contractors for servicing all hot water, heating and air conditioning systems of systems, elevators and related equipment within or serving the Project, Landlord shall have the right (but not the obligation) to select the Premises. The maintenance contractor and oversee the contract must be reasonably approved by Landlord. The service contract must include all such repairsservices suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the date of this Lease. Landlord may may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead If Tenant fails to make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and to the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business Premises for more than 15 days after notice from Landlord and diligently pursues such repairs to completion(although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge Tenant for in an amount equal to 5% of the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentrepairs.

Tenant’s Obligations. Except Tenant, at Tenant's sole cost and expense, shall keep and maintain the Premises (including all non-structural interior portions, systems and equipment; interior surfaces of exterior walls, interior moldings, partitions and ceilings; and interior electrical, lighting and plumbing fixtures) in as expressly provided good order, condition and repair as Landlord’s obligation they were on the Commencement Date, reasonable wear and tear and damage from fire and other casualties excepted. In the event that compliance with any Laws is required after the Commencement Date, which is due in this whole or in part to Tenant's specific use of the Premises (as opposed to general office use) and/or Tenant's specific actions or inactions with respect to the Premises, the cost of compliance shall be Tenant's sole responsibility. Likewise, in the event any governmental authority requires any alterations to the Building or the Premises as a result of Tenant's particular use of the Building or as a result of any alterations to the Premises by Tenant, Tenant shall be obligated for the cost of all such alterations. In the event such alterations involve the structural, mechanical, electrical, life safety or heating and air conditioning systems of the Building ("Structural Alterations"), Landlord shall make such repairs after Tenant deposits with Landlord an amount sufficient to pay for the cost thereof. In the event the alterations are not Structural Alterations, Tenant shall make the repairs, at Tenant's sole cost and expense, subject to the requirements of Article 9, 9 below. Tenant shall keep the Premises in good a neat and sanitary condition and repair and in compliance with Landlord’s sustainability practices includingshall not commit any nuisance or waste on the Premises or in, without limitation, compliance with any LEED rating system (on or other certification standard) applicable to about the ProjectProperty. Subject to Section 14(d) below, all All uninsured damage or injury to the Premises or to the Project resulting from the act Property caused by Tenant installing, removing or negligence transporting any furniture, fixtures, equipment or other property of Tenant, its employeesagents, agents contractors, servants or visitors, guests, invitees or licensees or by the use of the Premises, employees shall be repaired, rstored and replaced promptly repaired by Tenant at its sole cost and expense, expense to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be solely responsible for the design for, shall indemnify, protect and function of all non-standard improvements defend Landlord against and hold Landlord harmless from, any penetrations or perforations of the roof or exterior walls to the Building caused by Tenant. It is the intention of Landlord and Tenant that Tenant shall maintain the Premises in a first-class and fully operative condition. All repairs made by Tenant shall be at least equal in quality and workmanship to the original work and shall be made by Tenant in accordance with all Laws. The maintenance obligations of Tenant shall apply even if Tenant has vacated the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable Subject to the Project. Subject to Section 14(d) belowprovisions of Article 10 (Casualty and Condemnation), all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, Tenant will keep all portions of the Premises (including without limitation, all systems and equipment, i.e., HVAC systems, dock levelers, bumpers, doors and floors including slabs and slab repairs, crack filling and joint repairs) in good order, condition and repair (including repainting and refinishing, as needed). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant will promptly replace such portion of the satisfaction Premises or system or equipment. Tenant will maintain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system by a heating and air conditioning contractor, such contract and contractor to be reasonably approved by Landlord. At Tenant’s request, Landlord will perform Tenant’s maintenance and repair obligations under this Section 9.03 and Tenant will reimburse Landlord for all costs incurred in doing so promptly upon receipt of an invoice from Landlord. Notwithstanding the above, in the event that, despite Tenant’s maintenance of the HVAC system as set forth above, an HVAC professional determines that the HVAC units and equipment serving the Premises require replacement during the Lease Term, Landlord (notwithstanding any contrary provisions contained herein) shall replace such HVAC system with the cost thereof to be amortized, at the Interest Rate, over the lesser of the useful life of such HVAC equipment and ten (10) years, and paid in equal monthly installment by Tenant to Landlord with Tenant’s monthly payments of rent hereunder; provided, however, such annual amortized payment shall not exceed $800.00 (which amount shall be increased annually by the percentage change in the CPI over the prior twelve month period), provided that no payments shall be due after the expiration of the Lease Term. At Tenant’s option, however, Tenant may either replace the HVAC equipment on its own, or upon replacement thereof, reimburse Landlord for damage the cost thereof in one lump sum payment (in which case the $800.00 annual cap shall not apply), but less such portion of the cost allocable (based on the useful life of such HVAC system) to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete after the expiration of the Lease Term (provided, however, any such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost amount shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for to Landlord if the design and function of all non-standard improvements of Lease Term in extended beyond the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for Lease Term set forth in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent).

Tenant’s Obligations. 7.2.1 Except as expressly specifically provided as to the contrary in Section 7.1 above, Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, mechanical and electrical systems and equipment, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, loading ramps, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s obligation contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in this Article 9the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall keep promptly replace the Premises same, regardless of whether the benefit of such replacement extends beyond the Term. Landlord shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least semi-annual) and maintenance of the heating and air conditioning system by a licensed heating and air conditioning contractor approved by Landlord. The cost of such preventive maintenance contract shall be billed directly by Landlord to Tenant and shall be deemed Additional Rent. Landlord’s maintenance, at Tenant’s expense, of such preventive maintenance contract shall in good condition no way diminish Tenant’s obligation to maintain and repair the heating and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Projectair conditioning system. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not right, upon notice to Tenant, to undertake the obligation) to select the contractor and oversee all such repairs. Landlord may make responsibility for preventive maintenance of any repairs which are not promptly made by Tenant after other system or component at Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlordexpense. Tenant shall be responsible for the design janitorial services and function of all non-standard improvements of trash removal from the Premises, whether or not installed by Landlord at Tenant’s requestexpense. Except Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in the same condition as otherwise expressly provided for received. Notwithstanding anything contained in this LeaseSection 7.2.1 to the contrary, if it becomes necessary during the Term to replace the heating and air conditioning equipment or the exhaust fans serving the Premises, Landlord shall pay the entire cost of the replacement and Tenant waives all rights to make repairs shall reimburse Landlord for Tenant’s share of such replacement cost, on a monthly basis, which share shall be calculated by amortizing the replacement cost (with interest at the expense of Landlord, or prevailing loan rate available to deduct Landlord when the cost thereof from is incurred) over a period of one hundred twenty (120) months, with Tenant paying only for the rentnumber of months remaining in the Term at the time the HVAC equipment is replaced.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation otherwise set forth in this Article 9Lease (including Landlord's obligations under Section 7.2), Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its Tenant's sole cost and expense, shall keep and maintain the non-structural interior portions of the Premises, including the floors, subfloors and floor coverings, walls and wall coverings, doors, windows, glass, plate glass, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring, appliances and devices using or containing refrigerants, fixtures and equipment in good repair and in a clean and safe condition, and repair and/or replace any and all of the foregoing in a clean and safe condition, in good order, condition and repair. In addition, following the Warranty Period (as defined below), Tenant, at Tenant's sole cost and expense, shall keep and maintain all HVAC systems serving the Premises. Without limiting the foregoing, Tenant shall, at Tenant's sole expense, (a) immediately replace all broken glass in the Premises with glass equal to or in excess of the satisfaction specification and quality of the original glass; and (b) repair any area damaged by Tenant, Tenant's agents, employees, invitees, visitors, subtenants, or contractors (collectively, the "Tenant Parties"), including any damage caused by any wall or roof penetration, whether or not such wall or roof penetration was approved by Landlord. In the event Tenant fails, in the reasonable judgment of Landlord; provided, howeverto maintain the Premises in accordance with the obligations under the Lease, that for damage to which failure continues at the Project as a result end of casualty or for any repairs that may impact ten (10) days following Tenant's receipt of written notice from Landlord stating with particularity the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems nature of the Projectfailure, Landlord shall have the right to enter the Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (but not the obligation) including a sum for overhead to select the contractor Landlord). Tenant shall maintain written records of maintenance and oversee repairs, as required by any applicable law, ordinance or regulation, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall deliver full and complete copies of all such repairs. Landlord may make any repairs which are not promptly made service or maintenance contracts entered into by Tenant after Tenant’s receipt of written notice and for the reasonable opportunity of Tenant Premises to make said repair Landlord within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice request from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant hereby waives all rights provided for by the provisions of Sections 1932(1), 1941 and 1942 of the California Civil Code and any present or future Applicable Laws regarding Tenant's right to make repairs at the expense of Landlord, Landlord or to deduct terminate this Lease because of the condition of the Premises (it being intended that Tenant's rights under Sections 6.6 and 7.3 are in replacement thereof). Notwithstanding the foregoing or anything to the contrary herein, and except for any replacements necessitated by the negligence or willful misconduct of Tenant, Landlord and Tenant agree that if any rooftop HVAC unit needs replacement after the Warranty Period, Landlord shall perform such replacement and the cost thereof from shall be amortized on a straight line basis over a period equal to the rentuseful life thereof as determined in accordance with generally accepted accounting principles, and Tenant shall pay such amortized payments to Landlord on the first day of each month during the remainder of the Lease Term.

Tenant’s Obligations. Except as expressly provided as Subject to the provisions of Sections 8.2 and 14 and except for damage caused by any negligent (but subject to the waiver of subrogation set forth in Section 13.4) or intentional act or omission (where Landlord has a duty under this Lease or applicable law to act) of Landlord’s obligation in this Article 9, Tenant the Landlord Related Parties or any of their agents, contractor or employees, Tenant, at Tenant's expense, shall keep the Premises in good order, condition and repair the Premises and in compliance with Landlord’s sustainability practices every part thereof including, without limitationlimiting the generality of the foregoing, compliance with any LEED rating system (all plumbing equipment beginning at the points of the supply in the Premises, electrical and lighting facilities installed by or other certification standard) applicable to on behalf of Tenant in the ProjectPremises’ interiors, the Improvements and equipment within the Premises, trade fixtures, interior walls and interior surfaces of exterior walls, non-structural ceilings, interior windows and doors located within the Premises. All repairs made by Tenant shall be at least of the same quality, design and class as that of the original work. Subject to Section 14(d) below8.6 above, Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the Building and grounds, the parking of vehicles and the preservation of good order therein as well as for the convenience of other occupants and tenants of the Building. All damage or injury to the Building or to the Premises, fixtures, appurtenances and/or equipment caused by Tenant moving property in or out of the Building or the Premises or the Project resulting by Tenant's installation or removal of furniture, fixtures, or other property, or from the act any other cause of any kind or negligence nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, any Tenant Related Parties shall be repaired, restored, or replaced promptly repaired by Tenant at its sole cost and expense, expense to the reasonable satisfaction of Landlord; provided. In the event that Tenant fails to keep the Premises in good order, however, that condition and repair as required pursuant to this Section 10.2 while this Lease remains in effect and such failure continues for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or airforty-conditioning systems of the Project, Landlord shall have the right five (but not the obligation45) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant days after Tenant’s 's receipt of written notice thereof from Landlord (except in the case of an emergency in which event such notice and cure period if any shall be to the extent reasonable opportunity given the totality of Tenant the circumstances giving rise to make said repair the emergency or an additional reasonable time after such receipt if (i) such failure cannot be cured within such forty-five (545) business days from receipt of said written notice day period, and (or such period of time as may be reasonably necessary to complete such repair, if ii) Tenant commences curing such repair failure within such forty-five (545) business days after notice from day period and thereafter diligently and continuously pursues the curing of such failure), Landlord and diligently pursues may make such repairs to completionthe extent required by this Section 10.2 without liability to Tenant for any loss or damage that may accrue to Tenant's property or business by reason thereof (except to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. upon completion thereof Tenant shall be responsible for within thirty (30) days after demand (accompanied by reasonable back-up documentation) pay to Landlord as Additional Rent the design actual out-of-pocket and function commercially reasonable cost of all non-standard improvements of restoring the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights Premises to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentsuch good order and condition.

Tenant’s Obligations. Except as expressly provided as Tenant shall, subject to Landlord’s obligation obligations provided herein, at all times during the Lease Term, and at Tenant’s sole cost and expense, keep, maintain and repair (including any damage caused as a result of any burglary or by natural elements which were not covered under Landlord’s insurance as stated in this Article 9Section 13, Tenant shall keep or, if covered, the deductible amount of such coverage, plus any amounts in excess of such coverage) the building and other improvements upon the Premises in good condition and repair sanitary order and in compliance with Landlord’s sustainability practices condition, including, without limitation, compliance with the maintenance and repair of roof maintenance and repair, maintenance, repair and replacement of the heating and air conditioning systems, including the maintenance of a service contract, storefront, glass, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits. Tenant shall promptly replace any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use portion of the Premises, or any system or equipment in the Premises, which cannot be fully repaired, with new equipment of like kind and quality. Tenant shall be promptly repaired by Tenant also, at its sole cost and expense, be responsible for the cost of the deductible amount of any insured peril under Landlord’s insurance as stated in Section 13, and for any alterations or improvements to the satisfaction of Landlord; provided, however, that for damage to the Project Premises necessitated as a result of casualty the requirement of any municipal, state or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems federal authority as a result of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repair, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements use of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord. Should Tenant fail to (i) make needed repairs and replacements within three (3) days after written demand by Landlord, or (ii) complete any repairs or replacements within a reasonable time after written demand by Landlord, Landlord may make the repairs or replacements without liability to deduct Tenant for any loss or damage that may accrue to Tenant’s stock or business, and Tenant shall pay to Landlord, within ten (10) days of Landlord’s written demand, the cost thereof from costs incurred by Landlord in the rentmaking of any repairs or replacements. Said payment to Landlord shall be in default if not received by Landlord within ten (10) days of Landlord’s written demand therefor. By entering into the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Tenant shall provide a punch list of required modifications to defects within fifteen (15) days of occupancy. Tenant agrees to surrender the Premises with appurtenances upon the expiration or earlier termination of this Lease, in the same condition as when received except for reasonable use and wear.

Tenant’s Obligations. (a) Except as expressly provided as Landlord’s obligation in this Section 6.03(a) above, Article 9Seven (Damage Destruction) and Article Eight (Condemnation), Tenant shall keep all portions of the Premises Property (including , nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the Property or any system or equipment in compliance with Landlord’s sustainability practices includingthe Property which Tenant is obligated to repair cannot be fully repaired or restored, without limitationTenant shall promptly replace such portion of the Property or system or equipment or equipment in the Property, compliance with and provided however if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any LEED rating system options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (or other certification standard) as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the ProjectLease Term (as extended). Subject to Section 14(d) below, all damage or injury to Tenant shall maintain a preventive maintenance contract providing for the Premises or regular inspection and maintenance of the Project resulting from heating and air conditioning system by a licensed heating and air conditioning contractor. If any part of the Property is damaged by any act or negligence omission of Tenant, its employeesTenant shall pay Landlord the cost of repairing or replacing such damaged property, agents whether or visitors, guests, invitees not Landlord would otherwise be obligated to pay the cost of maintaining or licensees or by repairing such property. It is the use intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the PremisesProperty which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. (b) Tenant shall be promptly repaired fulfill all of Tenant's obligations under this Section 6.04, at Tenant's sole expense. If Tenant fails to maintain, repair or replace the Property as required by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectthis Section 6.04, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairmay, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within upon ten (10) business days from invoice from Landlorddays' prior notice to Tenant (except that no notice shall be required in the case of an emergency), enter the Property and perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant shall be responsible reimburse Landlord for the design and function of all non-standard improvements of the Premises, whether costs reasonably incurred in performing such maintenance or not installed by Landlord at Tenant’s requestrepair immediately upon demand. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentSection 6.05.

Tenant’s Obligations. Except as expressly provided as in Section 6.03, ARTICLE 7: (Damage or Destruction) and ARTICLE 8: (Condemnation), and subject to Landlord’s obligation obligations in this Article 9Section 6.03 above, Tenant shall keep all portions of the Premises Property (including nonstructural, interior systems and equipment) in good order, condition and repair. If any portion of the Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) Tenant shall be liable only for that portion of the cost which is applicable to the ProjectLease Term (as extended). Subject Landlord shall maintain, repair, and replace the heating and air conditioning systems. Tenant will be responsible to Section 14(d) belowchange their own air filters at Tenant’s cost. In addition, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant shall, at Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and ’s expense, to the satisfaction of Landlord; provided, however, that for repair any damage to the Project roof, foundation or structural portions of walls caused by Tenant’s wrongful acts or omissions. It is the intention of Landlord and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attractive, first-class condition. Tenant shall fulfill all of Tenant’s_obligations under this Section 6.04 at Tenant’s sole expense. If Tenant fails to maintain, repair or replace the Property as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Projectrequired by this Section 6.04, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairmay, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within upon ten (10) business days from invoice from Landlordprior notice to Tenant (except that no notice shall be required in the case of an emergency), enter the Property and perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant shall be responsible reimburse Landlord for the design and function of all noncosts incurred in performing such maintenance or repair immediately upon demand. Initials (Multi-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent.Gross Form 3/12/12) Initials

Tenant’s Obligations. (a) Except for the preventative maintenance contract to be obtained as expressly provided as Landlord’s obligation in this Article 9below, Tenant shall keep agrees at all times, at its own cost and expense, to repair, maintain in good and tenantable condition and replace, as necessary, the Premises in good condition and repair and in compliance with Landlord’s sustainability practices every part thereof (except that portion of the Premises to be maintained by Landlord under Section 12.4) including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) belowfollowing: all meters, all damage or injury to pipes, conduits, equipment, components and facilities that supply the Premises exclusively with utilities (except if the appropriate utility company has assumed these duties) or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of that form an air conditioning system exclusively servicing the Premises, shall all fixtures and other equipment installed in the Premises; all exterior and interior glass installed in the Premises; the store front(s); all signs (see Section 12.4), locks and closing devices; all window sashes, casements and frames; doors and door frames; floor coverings; and all such items of repair, maintenance, alteration, improvement or reconstruction as may be promptly repaired required at any time or from time to time by Tenant at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, governmental agency having jurisdiction thereof. Landlord shall also have the right (right, but not the obligation) , to select paint/stain/varnish or otherwise refinish Tenant's store front, window sashes, casements, frames, doors and door jams with Landlord having the contractor and oversee right, but not the obligation, to include all such repairscosts as Shopping Center operating costs under Section 4.5 hereof. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. Landlord may make shall obtain a preventive maintenance contract providing for the regular inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, or other parts of the air conditioning) by a licensed heating and air conditioning contractor. The cost thereof shall be included as a Shopping Center operating cost. Landlord agrees to use reasonable efforts to have Landlord's HVAC contractor provide notice to Tenant of any necessary HVAC repairs which or recommended maintenance that are not promptly made covered by Landlord's preventative maintenance contract in order for Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairitems as soon as reasonably possible. Notwithstanding the foregoing, if Landlord shall in no event be liable or responsible to Tenant commences in the event Tenant is not provided with such repair within five (5) business days after notice from of required repairs or recommended maintenance. It is the intention of Landlord and diligently pursues such repairs to completion)Tenant that, and charge Tenant for at all times during the cost thereofLease Term, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for maintain the design Premises in an attractive, first-class and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentfully operative condition.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Section 5.A. above, Tenant shall keep the Premises in good condition and repair and in compliance with Landlord’s sustainability practices includingshall, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises, shall be promptly repaired by Tenant at its sole cost and expense, keep and maintain in good order, condition, repair (and replace, if necessary) the interior and exterior of Building and Premises (subject to Section 5(A) above), including, without limitation, non-load-bearing interior walls, windows, glass, doors, and all sidewalks, landscaping, driveways, parking lots and fences in or about the Premises. Except to the satisfaction extent such is the express obligation of Landlord; provided, Tenant agrees to perform all ordinary and necessary maintenance in and to the Premises as is reasonably necessary to keep and maintain the Premises in the same order, condition and repair as existed on the Commencement Date, ordinary wear and tear excepted (casualty and/or condemnation events that effect the condition of the Premises are dealt with in Sections 12 and 13 herein). In addition, Tenant shall procure and maintain, at its sole cost and expense, a preventative maintenance contract on the heating, ventilating and air conditioning and boiler systems serving the Premises such that routine repair and maintenance of such systems shall be performed at Tenant’s expense. Notwithstanding the foregoing sentence, however, that Tenant shall have no obligation to pay for or cause to be made any major repairs or any replacements of such heating, ventilating and air conditioning systems serving the Premises. which shall be the sole responsibility and cost of Landlord (unless the required replacement is due to Tenant’s failure to maintain or repair, in which case the Tenant must pay for any major repairs or replacements of such systems). Tenant shall, however, be responsible to maintain and make minor repairs to such mechanical systems. Tenant agrees to indemnify and hold Landlord harmless from any expenses incurred in connection with the breach of this Section 5.B. by Tenant, its agents, employees, licensees or contractors. In addition, Tenant, at its sole cost and expense, shall keep and maintain the Premises in a clean, sanitary and safe condition in accordance with applicable law and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officials of governmental agencies having jurisdiction. Tenant shall furnish the Premises, at its sole cost and expense, with all security services, window washing, janitor, garbage disposal services, and other services reasonably necessary to Tenant’s use of the Premises in accordance with this Lease. Tenant shall, at its sole expense, promptly repair any damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made Premises caused by Tenant after or any agent, officer, employee, contractor, licensee or invitee of Tenant’s receipt , or due to Tenants breach of written notice and the reasonable opportunity any portion of this Lease. Tenant may use any existing warranty that benefits Landlord, to pay for all or a portion of a repair or maintenance obligation of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairhereunder, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs to completion)provided, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within ten (10) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentpay any required deductibles.

Tenant’s Obligations. Except as expressly provided as Landlord’s obligation in this Article 9Tenant agrees at all times, Tenant shall keep the Premises in good condition from and repair and in compliance with Landlord’s sustainability practices including, without limitation, compliance with any LEED rating system (or other certification standard) applicable to the Project. Subject to Section 14(d) below, all damage or injury to the Premises or the Project resulting from the act or negligence after delivery of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use possession of the Demised Premises, shall be promptly repaired by Tenant at its sole own cost and expense, to repair, replace and maintain in good and tenantable condition the satisfaction Demised Premises and its appurtenances (except that portion of Landlord; the Demised Premises to be maintained by Landlord as hereinafter provided) and including without limitation the utility meters, howeverpipes and conduits, that fixtures, air conditioning equipment and heating equipment exclusively serving the Demised Premises, wherever located, and other equipment in the Demised Premises, including any equipment installed by Tenant which is part of such systems, the storefront or storefronts, all signs, locks and closing devices, and all window sash, casement or frames, door and door frames, floor coverings, including carpeting, terrazzo or other special flooring, and all such items of repair, maintenance, alteration and improvement or reconstruction as may at any time or from time to time be required in order to comply with the provisions of all laws, statutes, ordinances and regulations affecting the Demised Premises and the requirements of any governmental agency having jurisdiction thereof. Tenant shall contract with a service company or companies for damage to the Project as a result monthly maintenance of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-ventilating and air conditioning systems of equipment serving the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice (or such period of time as may be reasonably necessary to complete such repairDemised Premises and, if Tenant commences such repair within five (5) business days after notice from Landlord and diligently pursues such repairs is a restaurant or is otherwise required to completion)have a grease trap, and charge Tenant for the cost thereofmonthly cleaning and maintenance of the grease trap, which cost shall with a copy of each service contract to be paid by Tenant furnished to Landlord within ten (10) days after Tenaxx'x xpening of the Demised Premises to the public for business days and a copy of any subsequent contracts to be furnished from invoice from Landlordtime to time during the Term. All glass, both exterior and interior, is at the sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Notwithstanding anything contained herein to the contrary, Landlord will furnish and maintain a central grease interceptor and Tenant shall be responsible charged on a prorata basis the costs for the design and function of all non-standard improvements maintenance of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise expressly provided for in this Lease, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rentinterceptor.