Common use of TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES Clause in Contracts

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site and, subject to any Permitted Encumbrances, any Parking Areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site shall be measured by the standard which is substantially similar to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear excepted. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable Site, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Site. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Site, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar to the condition of the Sites Premises as of the Commencement Date with respect to each such Sitehereof, reasonable wear and tear excepted. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout (a)Throughout the Term, Tenant, at its sole cost and expense, (i) will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date Date, subject to completion of the Required Repairs, if any (reasonable wear and tear, tear and damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property, Personal Property or Tenant’s Personal Property, or otherwise, and ; (ii) will not commit or allow no any physical waste with respect thereto, ; and (iii) with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar appropriate for and equivalent in quality to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear exceptedBuilding’s Comparable Buildings. Tenant’s obligations under this Section 10 11 shall, without limitation, include the maintenance, repair and replacement (ax) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (by) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work consistent with such Building’s Comparable Buildings and shall be made promptly as and when necessary. Notwithstanding anything to the contrary contained in this Section 11, subject Tenant shall not be required to Force Majeure Delaysmake a replacement of any item if a repair thereto would provide adequate functionality to said item, would be customary and reasonable under similar circumstances in Comparable Buildings to the Building, and would comply with all Laws. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 19 and 19 20 hereof, respectively. In connection with the foregoingforegoing ​ ​ but without expanding Tenant’s obligations under this Section 11, Tenant’s obligations shall include include, without limitation with respect to each Site, and to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar appropriate for and equivalent in quality to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear exceptedBuilding’s Comparable Buildings. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) of the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), ) whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, otherwise (but excluding Landlord’s gross negligence or willful misconduct) and will commit or allow no physical material waste with respect thereto, thereto and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or and exterior, structural or and nonstructural, ordinary or and extraordinary, and foreseen or and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any each Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially appropriate for and equivalent in quality to such Building’s Comparable Buildings of similar to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear construction and tear exceptedclass. Tenant’s obligations under this Section 10 12 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (iy) create (or permit to continue) any dangerous condition, condition or (iiz) create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal substantially similar to the original work and shall be made promptly as and when necessary. Notwithstanding anything to the contrary contained herein, subject Tenant shall not be required to Force Majeure Delaysmake a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in Comparable Buildings of similar construction and class. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 21 and 19 hereof22, respectively. In connection with the foregoing, Tenant’s but in no way expanding Tenant’s obligations hereunder and subject to Section 12.C, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any the Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar appropriate for and equivalent in quality to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear exceptedBuilding’s Comparable Buildings. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. a. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any the Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar appropriate for and equivalent in quality to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear exceptedBuilding’s Comparable Buildings. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of ​ Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially similar appropriate for and equivalent in quality to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear and tear exceptedBuilding’s Comparable Buildings. Tenant’s obligations under this Section 10 11 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation Condemnation shall be made pursuant to the provisions of Sections 18 19 and 19 20 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Sitethe Premises shall include, without limitation, items such as, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site the Premises in a substantially similar the same condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty tear excepted), ) whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable BuildingBuildings, the applicable Property or Tenant’s Personal Property, or otherwiseotherwise (but excluding Landlord’s negligence or willful misconduct, or any affirmative acts in connection with work performed by Landlord) and will commit or allow no physical waste with respect thereto, thereto and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirementsInsurance Requirements, whether interior or and exterior, structural or and nonstructural, ordinary or and extraordinary, and foreseen or and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site the Premises and, subject to any Permitted Encumbrances, any Parking Areas all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to any each Building or other improvements forming a part of any Site the Premises shall be measured by the standard which is substantially appropriate for and equivalent in quality to such Building’s Comparable Buildings of similar to the condition of the Sites as of the Commencement Date with respect to each such Site, reasonable wear construction and tear exceptedclass. Tenant’s obligations under this Section 10 shall, without limitation, 12 shall include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable SitePremises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Sitethe Premises. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (iy) create (or permit to continue) any dangerous condition, condition or (iiz) create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary. Notwithstanding anything to the contrary contained herein, subject Tenant shall not be required to Force Majeure Delaysmake a replacement of any item in the event that a repair will provide adequate functionality to the item and would be customary and reasonable in Comparable Buildings of similar construction and class. Repairs and replacements called for as a result of fire and/or or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 21 and 19 hereof22, respectively. Notwithstanding the foregoing, the obligations of Tenant set forth in this Subsection 12.A. shall not require Tenant to maintain the Premises in a better condition than it existed as of the Commencement Date. In connection with the foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Subsection 12.C., Tenant’s obligations shall include without limitation with respect to each Sitethe Premises, to the extent applicable:

TENANT’S REPAIR AND MAINTENANCE RESPONSIBILITIES. A. Throughout the Term, Tenant, at its sole cost and expense, will keep each Site in a substantially similar condition as existed on the Commencement Date (reasonable wear and tear, damage from fire or other casualty excepted), whether or not the need for such repairs occurs as a result of Tenant’s use, the elements, or the age of the applicable Building, the applicable Property or Tenant’s Personal Property, or otherwise, and will commit or allow no physical waste with respect thereto, and with reasonable promptness, will make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, all systems serving each Site and, subject to any Permitted Encumbrances, any Parking Areas and landscaping on the Property. The necessity for and adequacy of repairs to any Building or other improvements forming a part of any Site shall be measured by the standard which is substantially similar to the condition of the Sites as of the Commencement Effective Date with respect to each such Sitehereof, reasonable wear and tear excepted. Tenant’s obligations under this Section 10 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the applicable Site, and (b) the bearing walls, floors, foundations, roofs and all structural elements of each Site. Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to (i) create (or permit to continue) any dangerous condition, or (ii) create (or permit to continue) any condition which might reasonably be expected to involve any loss, damage or injury to any person or property. All repairs and replacements shall be in quality and class at least equal to the original work and shall be made promptly as and when necessary, subject to Force Majeure Delays. Repairs and replacements called for as a result of fire and/or other casualty and condemnation shall be made pursuant to the provisions of Sections 18 and 19 hereof, respectively. In connection with the foregoing, Tenant’s obligations shall include without limitation with respect to each Site, to the extent applicable: