Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. (A) Subject to the provisions of Article XII (relating to destruction of the Leased Premises) and Article XIII (relating to condemnation), Tenant at Tenant’s sole cost and expense and at all times shall keep the Leased Premises and every part thereof in good order, condition and repair, structural and non-structural (whether or not such portion of the Leased Premises requiring repairs, or the means of repairing the same, are reasonably and readily accessible to Tenant, at its own cost and expense, shall, except whether or not the need for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by such repairs occurs as a result of Tenant’s fault) (i) maintain and repair all parts use, any prior use, the elements or the age of such portion of the Premises and keep them in goodLeased Premises), safeincluding without limiting the generality of the foregoing, operating condition or, if better, all equipment or facilities servicing the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Leased Premises, includingsuch as plumbing, but not limited toheating, air conditioning, ventilating, electrical, lighting systems, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, glass and plate glass doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs sidewalks, and parkways located in, on, under or about the Leased Premises. Tenant shall not cause or permit any special office entryHazardous Substance to be spilled or released in, interior walls on, under or about the Leased Premises (including through the plumbing or sanitary sewer system) and finish workshall promptly, doors at Tenant’s expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of contamination of, and floor coveringfor the maintenance, downspoutssecurity and/or monitoring of the Leased Premises, guttersthe elements surrounding the same, heating or neighboring properties, that was caused, permitted or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance and/or storage tank brought onto the Leased Premises by or for Tenant or under its control. Tenant in keeping the Premises in good order, condition and air conditioning systemsrepair shall exercise and perform good maintenance practices. Tenant’s obligations shall include restorations, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as replacements or renewals when necessary to keep the Leased Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal all improvements thereon or a part thereof in a licensed waste facilitygood order, condition and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free state of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)repair.

Tenant’s Repairs. TenantExcept as expressly provided in Paragraph 8.1, Tenant shall, at its own cost sole cost, keep in first-class appearance, in a condition at least equal to that which existed when Tenant initially began operating at the Premises, and expensein good order, shallcondition, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to cleanliness and repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts interior of the Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on interior surfaces of walls, floors, ceilings, and the Effective Date hereofinterior surfaces of all doors, (ii) promptly make door frames, door checks, entrances, windows, window frames, and plate glass. Landlord shall repair, maintain, and replace, at Tenant’s expense, swamp coolers, all necessary repairs plumbing and replacements sewage facilities within the Premises, including free flow up to the Premises main sewer line, fixtures, ventilation, and the electrical systems serving the Premises, includingsprinkler systems, exterior walls, exterior windows, doors, door frames, and any mechanical systems or equipment installed for the sole use by Tenant. All equipment, facilities or fixtures shall, at Tenant’s sole expense, be kept, repaired, maintained, replaced or added to as provided by this paragraph at all times in accordance with all governmental requirements; except that Tenant shall not be required to make any such repairs or replacements occasioned by the act or negligence of Landlord, its agents, employees, invitees, licensees, representatives or contractors. In the event that Tenant fails to comply with the obligations set forth in this Paragraph 8.2, Landlord may, but shall not limited be obligated to, windows, glass and plate glass doors, perform any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists such obligation on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrisbehalf of, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep for the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials account of Tenant, its employees, agents, contractors, invitees and licensees, Tenant shall reimburse Landlord for all costs and (vi) if expenses paid or incurred on behalf of Tenant desires railroad spur track service and in connection with performing the same is available obligations set forth herein. Tenant expressly waives the right to make repairs at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalexpense under any law, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)statute or ordinance now or hereafter in effect.

Tenant’s Repairs. TenantSubject to Landlord’s obligation in Section 10 and subject to Sections 9 and 15, Tenant shall, at its own sole cost and expense, shallmaintain, except for those repair and/or replace as necessary all interior non-structural items specifically required to be maintained by Landlord under Paragraph 4A hereof portions of the Premises, any Energy and Communications Equipment, the HVAC system exclusively serving the Premises and any Tenant HVAC (defined below) (in accordance with manufacturer’s recommended standards but subject to the requirements therein warranty period described in Section 10(a) and provided that during the last two (2) years of the Lease Term, Tenant may elect not to perform a capital repair or replacement of such HVAC system(s) if such work is reasonably expected to cost in excess of $10,000; provided that Landlord may elect to perform such work and such costs may be passed through to Tenant as non-Controllable Operating Expenses provided that such costs shall be amortized in equal monthly installments over their useful lives in accordance with GAAP, consistently applied (the “HVAC Capital Costs”)), and those items listed on Exhibit D as “Tenant Maintenance Obligations.” Tenant shall also, at its sole cost and expense, maintain the Base F/LS System, and perform any capital repairs or replacements to the Base F/LS System, the cost of which is reasonably expected to be less than $10,000 (but subject to the warranty period described in Section 10(a)). Tenant shall also, at its sole cost and expense, maintain, repair and/or replace as necessary any modifications or additions to the Base F/LS System that were made by or paid for by Tenant. If the Energy and Communications Equipment includes a Solar Energy System (as defined below), Tenant shall perform or cause to repair the same if the damage is caused be performed scheduled and preventive inspections and maintenance on such system in compliance with manufacturer’s recommendations. If requested by Landlord, copies of maintenance and inspection reports prepared by Tenant’s faultsolar vendor shall be provided by Tenant within thirty (30) (i) maintain days of the date of such reports. Landlord acknowledges that items within and repair all parts components of the Premises that Tenant must maintain will be subject to reasonable wear and keep them in goodtear and, safesubject to Section 9, operating condition ornon-casualty damage caused by Landlord, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs its agents and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriscontractors, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as Tenant is not required to keep maintain the Premises in a neat “like new” condition. Tenant shall also be responsible for maintenance, repair and reasonably clean replacement of any Tenant HVAC, as further described in Section 41. If Tenant fails to perform any repair or replacement for which it is responsible, and sanitary conditiondoes not cure such failure within any applicable cure period, Landlord may upon ten (v10) keep days’ advance notice to Tenant perform such work and be reimbursed by Tenant for the parking areasreasonable cost of such work within thirty (30) days after demand therefor (which demand shall be accompanied by reasonable supporting documentation for such costs). Subject to Sections 9 and 15, driveways and alleys surrounding Tenant shall bear the full cost of any repair or adjacent replacement to any part of the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of that result from non-casualty damage caused by Tenant, its employees, agents, contractors, invitees and licenseesor invitees. Landlord shall assign to Tenant or otherwise make available to Tenant the benefit of any warranties from contractors, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety equipment manufacturers or others that benefit any portion of the cost of the obtaining Premises that Tenant is required to maintain. Tenant may take actions and maintenance of any spur track servicing employ systems, apparatus and chemicals on the Premises (providedto prevent any infestation by rodents, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to vermin or other such terms, conditions and requirements as Landlord may specify)pests.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("BUILDING SYSTEMS"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Building, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. Tenant, at its own cost Subject to and expense, shall, except for those structural the items specifically required to be maintained by Landlord under Paragraph 4A hereof (which are Landlord’s repair obligations in Section 7.2 and subject to the requirements therein for provisions of Articles 11 and 13 below, Tenant to repair the same if the damage is caused by shall, at Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in goodown expense, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings in the Premises (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay including all components and equipment and systems providing distribution from the entirety Base, Shell and Core systems and equipment), in first-class order, condition and repair at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of the cost of the obtaining and maintenance of any spur track servicing the Premises (providedTenant under this Lease. In connection with such repair obligations, howeverTenant shall, that no rail spur service will be connected at Tenant’s own expense but subject to the Premises except with Landlord’s prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, if Tenant fails to make such termsrepairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), conditions Landlord may, but need not, make such repairs and requirements as replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the Premises (but except during emergencies, Landlord may specifynot enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least one (1) business day’s prior notice to Tenant (or without notice in case of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("Building Systems"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building and the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("Similar Facilities") located within the area commonly known as the "I-40/RTP sub-market' (the "Sub-Market"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building and/or the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"Service Contracts"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe perimeter of the Building and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Section 7.2 and to the provisions of Articles 11 and 13 below, Tenant shall, at its Tenant’s own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings therein (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay the entirety of the cost of the obtaining including all components and maintenance of any spur track servicing equipment and systems located within the Premises (providedthat provide distribution from the Base, however, that no rail spur service will be connected Shell and Core systems and equipment to the Premises Premises), in good order, repair and condition at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of Tenant under this Lease. In connection with Landlordsuch repair obligations, Tenant shall, at Tenant’s own expense but subject to the prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such termsrepairs within a reasonable period of time and after Landlord has notified Tenant of its intention to do so, conditions Landlord may, but need not, make such repairs and requirements replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the Premises in accordance with the provisions of Article 23 below, to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may specify)be required by applicable laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1, including, performing any non-emergency work outside of the Business Hours to the extent commercially practicable and not typically performed by Landlord during the Business Hours.

Tenant’s Repairs. TenantPursuant to Section 4.02, at Tenant shall keep the Project and its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them Common Areas in good, safeclean and habitable condition and shall at its sole cost and expense keep the Premises free of insects, operating condition orrodents, if better, the condition that exists on the Effective Date hereof, (ii) promptly vermin and other pests and make all necessary needed repairs and replacements, including replacement of cracked or broken glass (but not any replacements to which constitute a capital improvement). Notwithstanding the Premises and the systems serving the Premisesforegoing, includingit is understood that Tenant’s responsibilities herein include, but are not limited to, windowsthe repair and maintenance of the foundation, glass and exterior/interior walls, plate glass doors, any special office entry, interior walls and finish workwindows, doors and floor coveringother exterior openings, downspoutswindows and door frames, guttersmolding, heating locks and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, pavinghardware, plumbing work and fixturesany other pipes, sewer lines, as necessary to keep the Premises wiring and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisstructural components, equipment and other materials of Tenantnonstructural items located in, its employees, agents, contractors, invitees under and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at above the Premises, pay including paint, ceiling tiles, wall and floor coverings, glass, doors, windows, lighting (bulbs, ballasts and fixtures), heating, air conditioning, plumbing, sprinklers and other electrical, mechanical and electromotive installation, fixtures, all utility repairs to ducts, conduits, and any sewer stoppage located in, under and above the entirety Project, structure and roof of the cost of the obtaining and maintenance of any spur track servicing the Premises (Project; provided, however, that no rail spur service will be connected to the Premises except with LandlordTenant’s prior written approval, which foregoing maintenance and repair obligations shall not be unreasonably withheldconstrued to require Tenant to make any repairs or replacements which would constitute capital improvements. If any repairs required to be made by Tenant hereunder are not commenced within ten (10) business days after written notice delivered to Tenant by Landlord, subject Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such termsrepairs. Tenant shall pay to Landlord upon demand, conditions as additional rent, the cost of such repairs plus fifteen percent (15%). At the expiration of this Lease, all HVAC, plumbing, electrical and requirements as mechanical equipment and fixtures shall remain in the Project and become the property of Landlord may specify)(unless Landlord requests the items removal) and Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear.

Tenant’s Repairs. Tenant, a. Tenant shall at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense keep and maintain and repair all parts of the Premises and keep them (except those for which Landlord is expressly responsible under the terms of this Lease) in goodgood condition, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make making all necessary repairs and replacements to the Premises and the systems serving the Premisesreplacements, including, including but not limited to, windows, glass and plate glass glass, doors, any special office entry, interior walls and finish work, doors floors (including the concrete flooring, except for damage to be repaired by Landlord set forth in Paragraph 5 above) and floor covering, downspouts, gutters, heating and air conditioning and ventilation systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer linestermite and pest extermination, as necessary regular removal of trash and debris. Such repairs and replacements may include capital expenditures and repairs whose benefit may extend beyond the Term of this Lease. Notwithstanding anything to keep the contrary set forth in this Lease, Tenant shall not be required to replace the air conditioning in the warehouse area of the Premises (including the test area that is restored to warehouse area) or to deliver the air conditioning in the warehouse area (including the test area that is restored to warehouse area) of the Premises in good working order at the end of the Term; but Tenant shall be required to deliver the heating units in the warehouse area (including the test area that is restored to warehouse area) of the Premises in good working order. Further, Tenant shall be entitled to use air the conditioning units in the warehouse and test areas of the Premises and facilities components and parts in good, safe, operating condition or, if better, such air conditioning units to repair and/or replace the condition air conditioning units in the office area of the Premises; provided that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of foregoing shall not diminish or affect Tenant's trash and debris, and proper disposal thereof obligation to deliver the heating units in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free warehouse area of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, including the test area that no rail spur service will be connected is restored to the Premises except with Landlord’s prior written approval, which warehouse area) in good working order. In Tenant shall not be unreasonably withheldobligated to repair any damage caused by fire, subject tornado or other casualty covered by the insurance to such termsbe maintained by Landlord pursuant to subparagraph 12(a) below, conditions and requirements as Landlord may specify)except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.

Tenant’s Repairs. Tenant, at its own cost Subject to and expense, shall, except for those structural the items specifically required to be maintained by Landlord under Paragraph 4A hereof (which are Landlord’s repair obligations in Section 7.2 and subject to the requirements therein for provisions of Articles 11 and 13 below, Tenant to repair the same if the damage is caused by shall, at Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in goodown expense, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings in the Premises (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay including all components and equipment and systems providing distribution from the entirety Base, Shell and Core systems and equipment), in first-class order, condition and repair at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of the cost of the obtaining and maintenance of any spur track servicing the Premises (providedTenant under this Lease. In connection with such repair obligations, howeverTenant shall, that no rail spur service will be connected at Xxxxxx’s own expense but subject to the Premises except with Landlord’s prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, if Tenant fails to make such repairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to three percent (3%) of such costs. Landlord may, but shall not be required to, enter the Premises (but except during emergencies if absolutely required to respond to such termsemergency, conditions and requirements as Landlord may specifynot enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least two (2) business days’ prior notice to Tenant (or with such notice as is reasonable under the circumstances, including telephonic notice, in cases of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Xxxxxx’s use of and access to the Premises during Xxxxxxxx’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, the heating, ventilation, and air conditioning (“HVAC”) equipment and systems (including compressors, fans, air handlers, VAV boxes, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), janitorial service, plumbing and sewage lines and systems (such as water and drain lines, sinks), electrical systems (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts, fans, vents, exhaust equipment), ducts, and all interior improvements within the Premises including but not limited to walls and wall coverings, window coverings, ceilings, tile, carpeting, flooring, draperies, shades, window coverings, partitioning, doors (both interior and exterior, including closing mechanisms, latches and locks), entrances, plate glass, glazing and window hardware, skylights (if any), fire detection, extinguisher equipment, fire sprinkler and fire alarm systems in the Premises, and all other interior improvements of any nature whatsoever. Tenant shall keep the sidewalk areas in front of its Premises swept and clean at all times. Tenant also shall maintain and repair any equipment and systems relating to the distribution of HVAC to or within the Premises. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, plus an administrative fee equal to fifteen percent (15%) of such costs to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant will at all times maintain the plumbing, gas, steam, sewer, water pipes up to the point at which such pipes and utility systems connect to or within the Premises. Areas of excessive wear caused by Tenant or its employees, contractors or invitees shall be replaced at Tenant’s sole expense upon Lease termination. Landlord shall have the right to review and reasonably approve each contractor or vendor retained by Tenant to perform scheduled maintenance and repairs and, if Landlord in good faith determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to the Building Systems and Equipment (“Books and Records”). In addition, within thirty (30) days following Landlord’s written request, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) all such Books and Records. Within thirty (30) days following Tenant’s receipt of written request from Landlord, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) any maintenance and repair reports, documents and back-up materials related to the maintenance, repair and other work required to be performed by Tenant, to the extent the same are regularly and customarily generated and maintained by, and in the possession of, Tenant or its management team (collectively, the “M&R Reports”). Tenant’s obligation to deliver Books and Records and M&R Reports shall survive the Expiration Date and the prior termination of this Lease. Without limiting the foregoing, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained expense Tenant shall enter into a contract or contracts (each a “Service Contract”) in form and substance reasonably approved by Landlord under Paragraph 4A hereof with qualified, experienced professional third party service companies reasonably approved by Landlord to perform its maintenance and repair of these portions of the Systems and Equipment which require regularly scheduled periodic maintenance, including the HVAC systems (subject which shall provide for and include, without limitation, 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 of sheet metal, and recalking of jacks and vents on an annual basis), the building fire/life-safety systems, and the electrical and plumbing systems. On an annual basis, Landlord shall have the right to the requirements therein for review and approve each contractor or vendor retained by Tenant to repair perform scheduled maintenance and repairs and, if Landlord reasonably determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. The HVAC Service Contract shall provide for the same if the damage is caused by Tenant’s fault) (i) HVAC service provider to maintain and repair when necessary all parts of HVAC equipment which serves the Premises and to keep them the same in goodgood condition through regular inspection and servicing at least once every ninety (90) days. Tenant also shall maintain continuously throughout the Term a Service Contract for the washing of all windows in the Premises (both interior and exterior surfaces) with a contractor approved by Landlord, safewhich provides for the periodic washing of all such windows at least once every ninety (90) days and Service Contracts for the inspection, operating condition ortesting and servicing of the life-safety and elevator systems in the Premises, if betterwith a contractor reasonably approved by Landlord. Upon Tenant’s request, Tenant shall furnish Landlord with copies of all such Service Contracts. Notwithstanding anything contained herein to the condition that exists on the Effective Date hereofcontrary, (ii) promptly because this is a short term lease, Tenant shall have no obligation to make all necessary any capital repairs and or replacements to the Premises and the systems serving the Premises, (including, but not limited to, windows, glass and plate glass doorswithout limitation, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding replacements or adjacent capital repairs to the Premises in a clean, safe HVAC or any other Systems and sanitary condition free of all refuse, debris, equipment Equipment) and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and any such capital repairs or replacements necessary during the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service Term will be connected made by Landlord and amortized as a capital improvement pursuant to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specifySection 4.2.1(xii).

Tenant’s Repairs. Tenant, (A) Tenant shall at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense keep and maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if betterPremises, the condition that exists on Building and the Effective Date hereofsurrounding real estate for which Landlord is not expressly responsible under the terms of the Lease, (ii) in good condition, promptly make making all necessary repairs and replacements to replacements, whether ordinary or extraordinary, or structural or nonstructural, with materials and workmanship of the Premises same character, kind and quality as the systems serving the Premisesoriginal, including, including but not limited to, windows, glass and plate glass glass, doors, skylights, any special office entryentries, interior walls and finish work, doors floors and floor coveringcoverings, downspouts, gutters, heating and air conditioning systems, mechanical electrical systems and fixtures, sprinkler systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsextermination, (iv) provide for regular removal of Tenant's trash and debris, regular mowing of any grass, trimming, weed removal and proper disposal thereof general landscape maintenance, including the rail spur areas. Tenant as part of its obligations hereunder shall (i) keep the parking areas, driveways, alleys and the whole of the property in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (vii) keep if the Premises are served by a railroad switch or spur track and Tenant uses such railroad, maintain (or reimburse the railroad company for maintaining) any railway switch or spur track and related facilities serving the real estate of which the Premises are a part (Tenant hereby agreeing to sign a joint maintenance agreement with the railroad company servicing the property, if requested by the Landlord or railroad company), and (iii) without injury to the roof, other horizontal surfaces of the Building, downspouts, parking areas, driveways and alleys surrounding or adjacent to the Premises in a cleansidewalks, safe remove all snow and sanitary condition free ice from same. Tenant will, as far as possible, keep all such parts of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay Building and the entirety real estate on which the Building is located from deterioration due to ordinary wear 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, reasonable wear and tear, repairs that are not Tenant's responsibility, and loss by fire or other casualty covered by insurance to be maintained by Landlord; pursuant to Paragraph 23(A) hereof excepted (but not excepting any damage to glass or loss not reimbursed by insurance because of the cost existence of a deductible under the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specifyappropriate policy).

Tenant’s Repairs. Subject to Landlord's repair obligations in Sections 7.2, 7.3 and Articles 11 and 12 below, Tenant shall, at Tenant's own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant's compliance with the following provisions of this Section 7.1 and the provisions of Section 8.2 below, keep the Building and every part thereof, including, without limitation, all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building's Systems and Equipment located within the Building and the HVAC equipment on the roof of the Building all walls and wall coverings, doors, windows, glass, plate glass and ceilings in first-class order, repair and condition at all times following the date Landlord delivers possession of the Premises to Tenant and throughout the Lease Term. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights with respect to repairs and/or replacements which: (i) may affect the roof, the HVAC equipment thereon and/or the elevators; (ii) may affect or consist of any of the structural components of the Building; (iii) which may adversely affect or consist of any of the Building's Systems and Equipment; and/or (iv) which may affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building. Tenant's repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Article 11 below regarding casualty damage to the Building); provided however, that, at Landlord's option, or if Tenant fails to make any such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof upon being billed for same. Tenant shall, at its own cost and expense, shall, except for those structural items specifically required to be maintained enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) approved by Landlord for the maintenance and service of the HVAC, elevators and fire/life safety systems which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such HVAC, elevator and fire/life safety 071053\8589453v5 8 service contracts entered into by Tenant and copies of all renewals of any such approved maintenance contracts. Tenant shall also deliver to Landlord, within thirty (30) days after the end of each calendar quarter, quarterly reports of all service provided under Paragraph 4A hereof (subject to such maintenance contracts. Notwithstanding the requirements therein for Tenant to repair the same foregoing, if the damage is caused HVAC, elevator, exterior glass storefront system, and/or fire/life safety equipment require capital repairs (which repair exceeds $50,000) or capital replacements (as reasonably determined by Landlord), then Landlord shall repair or replace the applicable HVAC, elevator, exterior glass storefront system and/or fire/life safety equipment, and the costs thereof shall be amortized over their useful life in accordance with reasonable real estate accounting and management principles, consistently applied, and such amortized amounts shall be included in Operating Expenses payable by Tenant’s fault) (i) maintain . Tenant shall allow Landlord and repair all parts of the Premises its representatives and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements agents reasonable access to the Premises to enable Landlord to evaluate the need for any replacements and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to perform such terms, conditions and requirements as Landlord may specify)replacements.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenants use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning (“HVAC”), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks (“Building Systems”). Tenant’s obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size (“Similar Facilities”) located within the area commonly known as the “1-40/RTP sub-market’ (the “Sub-Market”), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof“Service Contracts”): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant’s obligations under this Section shall be at Tenant’s sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. (a) Subject to Paragraphs 15 and 16 of this Lease, Landlord's obligations expressly set forth in Paragraph 10 and Landlord's Construction Warranty (as defined in Exhibit B attached hereto), Tenant, at its own sole expense, shall repair, replace and maintain in good order, condition and repair (reasonable wear and tear, damage caused by Landlord or its agents, employees, contractors, subcontractors, representatives, consultants, licensees or invitees [collectively, "Landlord Parties"] excepted) and in compliance with all Legal Requirements and Private Restrictions all portions of the Premises, and all other areas, improvements and systems exclusively serving the Premises including, without limitation, docks, dock equipment and loading areas, truck doors, plumbing, water, sewer lines, from the points of connection with the Building, fire sprinklers and fire protection systems within the Premises from points of connection with the Building, entries, doors, door frames, ceilings, windows, window frames, interior walls, and the interior side of demising walls (if any), and heating, ventilation and air conditioning ("HVAC") systems, and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. If, during the last two (2) years of the Lease Term, a capital replacement of an HVAC unit is required (each of the foregoing, an "Capital HVAC Item" and collectively "Capital HVAC Items"), then, (A) provided no Event of Default exists under this Lease, (B) Tenant has maintained the maintenance service contract(s) for the HVAC systems pursuant to (i) below, and (C) provided further that such Capital HVAC Items: (I) will have a useful life in excess of the remaining portion of the then applicable Lease Term, and/or (II) were not necessitated by Tenant's failure to properly maintain such systems in accordance with the manufacturer's recommendations, or Tenant's breach of this Lease or the negligent act or omission of Tenant or any of the Tenant Parties (in which case Tenant shall be responsible therefor at Tenant's sole cost and expense), shallthen Landlord shall purchase and perform such Capital HVAC Item(s) and the cost thereof shall be amortized on a straight line basis (with interest) over the useful life thereof, except for those structural items specifically and Tenant shall pay such amortized payments to Landlord on the first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (as the same may be extended). Notwithstanding anything to the contrary contained herein, Landlord may elect not to complete the Capital HVAC Item(s) (unless such Capital HVAC Item(s) are normal and customary HVAC units serving the northern office portion of the Premises, which normal and customary HVAC units Landlord shall not be permitted to object to replacing provided the other terms and conditions contained in this Paragraph 11(a) are satisfied) upon written notice to Tenant (which notice shall be given no later than ten (10) business days after receipt of Tenant's written notice of a Capital HVAC Item) in which case (1) Landlord shall not be obligated to complete the applicable Capital HVAC Item, (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right, but not the obligation, to replace the applicable Capital HVAC Item at its sole cost and expense; and (3) if Tenant does not elect to complete such replacement pursuant to clause (2), above, then, as Landlord's sole and exclusive remedy, Tenant shall be required to be maintained by Landlord under Paragraph 4A hereof remove any such HVAC units on or before the expiration of the Lease Term. Within ten (subject to 10) days of the requirements therein Commencement Date, Tenant, at Tenant's expense, shall enter into maintenance service contracts for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain the maintenance and repair all parts of the Premises heating, ventilation and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs air conditioning systems and replacements to the Premises other mechanical and the building systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iiiii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash collection, sweeping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (removal; provided, however, in the event that no rail spur Tenant fails to enter into such service will be connected contracts and/or to properly maintain and/or perform the foregoing in accordance with the terms and conditions contained in this Lease, then at Landlord's written election (but at Tenant's expense) after written notice to Tenant and Tenant's failure to cure the same within fifteen (15) days after Tenant's receipt of such written notice, Landlord shall have the right (but not the obligation) to enter into such maintenance service contracts. Landlord may request a list of vendors providing services under the aforementioned maintenance contractors together with the scope of such services and if Landlord provides Tenant with written notice that it reasonably objects to any of the listed vendors, then Tenant shall replace such vendor within a reasonable period of time. Without limiting any of the foregoing, Tenant, at Tenant's sole cost and expense, shall store all trash and other solid waste within the Premises except with Landlord’s prior written approval, which or in such areas as may be reasonably designated by Landlord for such storage. Tenant shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)burn any trash or garbage at any time in or about the Premises and/or the Project.

Tenant’s Repairs. Tenant shall keep, maintain and make all repairs and replacement to preserve in good working order, condition, repair and cleanliness the Premises and every part thereof, all improvements, fixtures, furnishings and systems exclusively serving the Premises including without limitation, dock and loading areas exclusively serving the Premises, truck doors exclusively serving the Premises, plumbing and water and sewer lines within the Premises up to points of common connection, fire sprinklers and fire protections systems within the Premises, heating, ventilating and air conditioning units and systems exclusively serving the Premises whether located within or without the Premises, electrical and lighting facilities and equipment within the Premises and all other utility facilities and systems exclusively serving the Premises wherever located, and all fixtures, interior walls, interior surfaces of exterior walls, ceilings, roof membranes, windows, doors, cabinets, draperies, window coverings, carpeting and other floor coverings, plate glass and skylights located within the Premises. Heating, ventilation and air conditioning units and systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s sole expense pursuant to maintenance service contracts entered into by Tenant (which shall have been previously approved in writing by Landlord) or at Landlord’s election, by Landlord. At Landlord’s request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. Tenant shall, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, includingBuilding and Project which are required, but not limited toin the reasonable opinion of Landlord, windowsas a result of any misuse, glass and plate glass doorsneglect or damage committed or permitted by Tenant, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding ’s Agents or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials by any subtenant or assignee of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Subject to Landlord’s repair obligations in Section 8(b) below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Paragraph 8(a) and the provisions of Paragraph 8(c) below, keep the Building and every part thereof (except those portions of the Building which are Landlord’s obligation to maintain pursuant to Paragraph 8(b) below), including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building’s systems and equipment located within the Building and the HVAC equipment on the roof of the Building, subject, however, to Landlord’s obligations regarding replacement of such HVAC equipment as expressly provided below in Section 8(e)), all interior walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in an order, repair and condition consistent with the age and quality of the Building and the Comparable Buildings. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove (subject to Landlord’s replacement obligations set forth below in Section 8(e) below with respect to the Building’s HVAC equipment on the roof of the Building), notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights (in its sole but good faith discretion) with respect to repairs and/or replacements which may: (i) affect the roof and/or the HVAC equipment thereon; (ii) affect or consist of any of the structural components of the Building; (iii) adversely affect or consist of any of the Building’s systems and equipment; (iv) affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) change the character of the Building as an office/laboratory building (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord’s Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Paragraph 10 below regarding casualty damage to the Building); provided however, that if Tenant fails to commence such repairs within ten (10) business days after written notice from Landlord and thereafter diligently pursue such repairs to completion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a five percent (5%) administration fee 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 forthwith upon being billed for same. Tenant shall, at its own cost and expense, shall, except for those structural items specifically required to be maintained enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) reasonably approved by Landlord under for the maintenance and service of all of the items listed above in this Paragraph 4A hereof (subject 8(a) which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such contracts entered into by Tenant prior to entering into same. Notwithstanding any other provision herein to the requirements therein for contrary, Tenant may continue to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts use of the laboratory benches, casework, fume hoods and laminar flow hoods located in the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on as of the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to at no additional cost throughout the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer linesSecond Extended Term, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will may be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)further extended.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Section 8(b) below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Paragraph 8(a) and the provisions of Paragraph 8(c) below, keep the Building and every part thereof (except those portions of the Building which are Landlord’s obligation to maintain pursuant to Paragraph 8(b) below), including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building’s systems and equipment located within the Building, but excluding the existing fire/life safety systems and equipment located in the Building, the existing HVAC equipment on the roof of the Building and the equipment providing distribution within the Building of the HVAC from such existing HVAC equipment, all of which shall be the responsibility of Landlord in accordance with Section 8(b) below), all interior walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in first-class order, repair and condition at all times throughout the Second Expansion Space Term. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights with respect to repairs and/or replacements which: (i) may affect the roof and/or the HVAC equipment thereon; (ii) may affect or consist of any of the structural components of the Building; (iii) which may adversely affect or consist of any of the Building’s systems and equipment; (iv) which may affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) which may change the character of the Building as a first class office/R&D building (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord’s Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Paragraph 10 below regarding casualty damage to the Building); provided however, that, at Landlord’s option, or if Tenant fails to commence such repairs within ten (10) business days and thereafter diligently pursue such repairs to completion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a ten percent (10%) administration fee 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 forthwith upon being billed for same. Tenant shall, at its own cost and expense, shall, except for those structural items specifically required to be maintained enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) reasonably approved by Landlord under Paragraph 4A hereof (subject to for the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain maintenance and repair service of all parts of the Premises items listed above in this Paragraph 8(a) which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free complete copies of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if such contracts entered into by Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected prior to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)entering into same.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("BUILDING SYSTEMS"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. Excluding the Landlord Services under Exhibit F hereto and Landlord's repair obligations under Section 8.3 hereof, Tenant shall make and be responsible for (a) all maintenance, repairs and replacements within the Demised Premises, as and when needed, to preserve the Demised Premises (including, without limitation, Tenant's Property and all Improvements) in good working order and condition; and (b) the maintenance, at its own cost repair and expensereplacement of the Building equipment and systems (including, shallwithout limitation, except the Building's and/or Tenant's HVAC systems, and the Building's roof and structural components), the need for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage which is actually caused by Tenant’s fault) (i) maintain and repair all parts the performance or existence of any alteration or modification to the Demised Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereofmade by Tenant or those holding under Tenant, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesinstallation, includinguse, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and or operation of Tenant's Property or fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the moving of Tenant's Property or fixtures in or out of the Building, the Demised Premises free from insect and/or rodent infestationsor the Complex, or (iv) provide for regular removal the negligence of or misuse by Tenant, those holding under Tenant, or Tenant's trash and debrisservants, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractorsinvitees, invitees or licensees. All repairs shall conform to the provisions of Section 8.4 hereof and licenseesshall be at least equal in quality and class to the standards then applicable for the Building as reasonably established by Landlord. If Tenant fails, after ten (10) days' notice by Landlord, to proceed with due diligence to make repairs required to be made by Tenant (except in an emergency, wherein Landlord may proceed immediately, if Tenant does not, immediately after notice, proceed to repair), the required repairs may be made by Landlord at the expense of Tenant, and (vi) if Tenant desires railroad spur track service and the same is available at expenses of repairs incurred by Landlord shall be reimbursed as Additional Rent immediately after submission of a bxxx or statement for the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)repairs.