Common use of Landlord’s Obligations Clause in Contracts

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Except as specifically provided in this Lease, Landlord shallshall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and at its sole cost Tenant assumes full responsibility for obtaining and expensepaying for all services, make all necessary capital facilities and non-capital repairsutilities to the Premises. Landlord will repair, replace and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) maintain the Common AreasArea, the Building Systems and (iii) the Building mechanicalStructure, electrical, plumbing, elevator and HVAC systems servicing the Buildingunless Tenant has assumed responsibility for such services. Landlord shall additionally make certain minor ordinary course repairs to also provide the Leased Premises, including ceiling tile replacement, light bulb replacement in Premises with interior and exterior window washing services and five (5) day per week janitorial service and shall provide the Common AreasAreas with landscaping services; provided, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryhowever, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install assume responsibility for providing janitorial services at the Premises (and if Tenant does so, it shall not pay the cost of janitorial service at the Premises as part of Building Operating Expenses). All window washing and janitorial services, whether provided by Landlord or Tenant, must meet the standards commensurate with Class A office buildings located in the Midpoint Technology Park in Redwood City. Tenant shall notify Landlord in writing when it becomes aware of the need for any additional security system repair, replacement or maintenance which is Landlord’s responsibility under this Section of which it becomes aware. The costs of such repair, replacement and maintenance shall be included in Common Area Operating Expenses to the extent provided in Article 7; provided that, subject to Section 13.6, Tenant shall reimburse Landlord in full and within twenty (20) business days after written demand for the Leased Premises at its sole cost of any repair to the Project, Building Structure or Building Systems which is attributable to misuse by Tenant or Tenant’s Agents. The reimbursement shall be Additional Rent. Tenant hereby waives and expense and releases any such installation shall constitute an Alteration (as defined right it may have under any law, statute or ordinance now or hereafter in Section 6.2 hereof) for purposes of this Lease; provided effect to make any repairs which are Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameobligation under this Section. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Without limitation on the provisions of Sections 5.2, 5.3, 6.3(b), 6.3(c), Article Seven (aDamage or Destruction) and Article Eight (Condemnation), Landlord shallshall maintain and repair (and replace, and as necessary) throughout the Term of this Lease, at its sole cost and Landlord’s expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components elements of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacementwithout limitation the foundation, light bulb replacement in structural columns, footings, exterior walls, slab and structural portions of the Common Areasroof, door repairs as well as subterranean elements of the Land (including sinkholes) and repair re-asphalting (if necessary) of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease Parking Area (as opposed to slurry sealing, which shall be Tenant’s responsibility), except to the contraryextent that the need for such maintenance and repairs are caused by the negligence or willful misconduct by Tenant or Tenant Parties, in the event that Landlord which case Tenant shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange responsible for and supervise rubbish removal, snow removal, lawn and landscaping service, such maintenance and repairs except to the extent the same are covered by insurance maintained by Landlord. If Landlord fails to maintain or repair for the Common Areas, including the sidewalks, driveways and parking area, Premises as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for required by this Section 6.2 or fails to discharge its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for obligations under any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination other provisions of this Lease, Tenant shall return all may, without limitation on its other rights or remedies, upon ten (10) business days’ prior notice to Landlord (and Landlord’s failure to commence the maintenance or repair in question within such keys time and electronic key cards thereafter diligently pursue such repair, replacement or maintenance to completion), perform such maintenance or repair or other obligation on behalf of Landlord. In additionsuch case, Landlord shall reimburse Tenant for all reasonable costs incurred in performing such maintenance or repair within thirty (30) days after Tenant’s statement or invoice therefore plus an administrative charge of 10% of such invoice amount, which statement or invoice shall have be accompanied by reasonable evidence of the right amounts owed. All work done by Landlord shall be done in a good and workmanlike manner, by reputable, licensed and insured contractors, using quality materials and workmanship commensurate with the condition of the Premises. In performing such work, but subject to install any additional security system Section 6.3(b) below, Landlord shall be solely responsible for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (compliance with all Applicable Requirements as defined in Section 6.2 hereof) for purposes below, as well as alterations, additions and requirements of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted Americans With Disabilities Act, OSHA, and (ii) not be conditioned upon a requirement for Tenant to remove similar State and local requirements, the samelocal Air Quality Management District, requirements of the local building authorities, fire officials, insurance underwriters and all other public entities having jurisdiction. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall keep in good condition, order and repair the foundation and exterior walls of the Building (a) Landlord shallexcluding the interior of all walls and the exterior and interior of all windows, doors, plate glass, and at its sole cost and expense, make all necessary capital and non-capital repairsshow cases), and replacements to (i) the foundations, outer wall, exterior roof and other structural components of the BuildingBuilding (except that Tenant shall repair at Tenant's expense any damage caused by the activities of Tenant, (ii) Tenant's HVAC maintenance service contractor, and/or Tenant's other agents on the Common Areasroof, including but not limited to the installation of air conditioning equipment and/or duct work, or other roof penetrations, and improper flashing or caulking, and any damage to exposed air conditioning equipment and duct-work installed by or for Tenant). Expenses incurred by Landlord in connection with the above described obligations shall be Operating Expenses hereunder, except for expenses incurred in connection with maintaining the roof structure (iii) but not the roof membrane), foundation and exterior walls of the Building mechanicalwhich shall be borne solely by Landlord. Notwithstanding the foregoing, electrical, plumbing, elevator and HVAC systems servicing Tenant shall not be required to pay as Operating Expenses the Buildingcost of any repair or maintenance respecting the roof membrane which Tenant is able to demonstrate to the reasonable satisfaction of Landlord is required as a result of Landlord's activity on the roof or a defect in construction performed by Landlord. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of also paint the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them from time to be repaired or replaced, time as reasonably necessary, and the cost thereof shall constitute be an Advance. (b) Operating Expense. Landlord shall arrange for and supervise rubbish removalexercise reasonable diligence in performing such repairs as soon as practicable. However, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days have no obligation to make repairs under this Paragraph 10.2 until a reasonable time after Landlord's receipt of an invoice therefor written notice from Tenant of the need for such repairs. 20 Except as otherwise specifically provided herein, there shall be no abatement of rent or other sums payable by Tenant prior to or during any repairs by Tenant or Landlord, and Tenant shall reimburse Landlord waives all claims for any cost incurred by Landlord loss of business or lost profits relating to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samerepairs. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord shallunder the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at its sole cost the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and expensecleaning service, make all necessary capital if any, except to the extent that the same is due to Sublandlord’s negligence or willful misconduct; and non-capital repairsno failure to furnish, and replacements or interruption of, any such services or facilities shall give rise to any (i) the foundationsabatement, outer walldiminution or reduction of Subtenant’s obligations under this Sublease, roof and other structural components of the Building, or (ii) liability on the Common Areaspart of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may reasonably be indicated, under the circumstances, to secure such performance upon Subtenant’s request to Sublandlord to do so and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing shall thereafter diligently prosecute such performance on the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair part of window treatment mechanicalsLandlord. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in if Sublandlord is entitled to an abatement of rent payable under the Master Lease as a result of an event that Landlord shall reasonably determine that Tenant, or Tenantwhich affects the Subtenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, ability to use the structures, systems, improvements or other components portion of the Building or Master Lease Premises in which the Leased Subleased Premises described inare located, or contemplated by, this subsection, Landlord shall cause them Subtenant will be afforded a similar abatement of Rent payable hereunder to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advanceextent that the abatement under the Master Lease applies to such area. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements Subtenant agrees that Sublandlord shall not be required to (i) the foundations, outer wall, roof and other structural components perform any of the Buildingcovenants, (ii) agreements and/or obligations of Landlord under the Common AreasMaster Lease, and (iii) Building mechanicalincluding, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofwithout limitation, the structures, systems, improvements or other components services provided in Article 6 of the Building or Original Master Lease, and, insofar as any of the Leased Premises described incovenants, or contemplated by, this subsection, Landlord shall cause them agreements and obligations of Sublandlord hereunder are required to be repaired or replacedperformed under the Master Lease by Landlord thereunder, as necessary, Subtenant acknowledges and the cost thereof agrees that Sublandlord shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse be entitled to look to Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlordperformance. In addition, Tenant Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the right to install Master Lease, nor shall any additional security system for representations or warranties made by Landlord under the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) Master Lease be deemed to have been granted made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant’s obligations under this Sublease, or (ii) liability on the part of Sublandlord; provided, however, that in the event that the rent payable by Sublandlord for the Subleased Premises, or any portion of the Subleased Premises, as “Tenant” under the Master Lease, is abated (e.g., pursuant to Section 6.4 [Abatement Event] or Article 11 [Damage and Destruction]) of the Original Master Lease, then Subtenant will be entitled to a parallel Rent abatement hereunder. Notwithstanding the foregoing, if Subtenant notifies Sublandlord that Landlord is not be conditioned upon a requirement for Tenant performing or observing any of the Landlord’s obligations under the Master Lease with respect to remove the same. (d) Tenant acknowledges Subleased Premises, Sublandlord shall promptly forward such notice to Landlord and request that it has inspected comply with Landlord’s obligations. If such failure continues, Sublandlord shall at Subtenant’s reasonable request take reasonable steps to enforce Sublandlord’s rights under the Leased Premises Master Lease in connection with Landlord’s providing utilities and services to the mechanicalSubleased Premises; provided, electricalhowever, plumbing that Sublandlord shall never be required to bring an action (or any similar proceeding) against Landlord and heating, ventilation and air conditioning systems serving the Leased Premises and agrees there will be no expense to accept the same in their “as is” condition, without warranty of any kindSublandlord.

Landlord’s Obligations. Except as provided in Article Seven (aDamage or Destruction) and Article Eight (Condemnation), Landlord shallshall keep the following in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair: the foundations, outer wallexterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, roof if necessary), sidewalks and other structural parking lots, and all Common Area components of the Building, (ii) the Common Areas, electrical and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing Landlord shall not be obligated to maintain or repair windows, doors, plate glass, the Buildinginterior surfaces of exterior walls, or any improvements installed by Tenant. Landlord shall additionally maintain the Property in an attractive, first class and fully operative condition under this Section 6.03 and shall make certain minor ordinary course or commence repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. within thirty (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1030) days after receipt of an invoice therefor written notice from LandlordTenant of the need for such repairs. In the event Landlord does not timely make such repairs, Tenant may make such repairs and collect such amounts from Landlord in accordance with the arbitration provisions set forth below. Prior to the Commencement Date, Landlord covenants to install, at its sole expense, up to approximately 1,000 square feet of new windows on the first floor of the Building, the quality being at least equivalent to the windows being replaced. As to T▇▇▇▇▇'s office space in the Property, Landlord shall reimburse use commercially reasonable efforts to not materially affect Tenant's use of the Property during repairs, maintenance and building or construction activity. As to Tenant's laboratory areas and Landlord's work or activities which could reasonably be expected to impact Tenant's laboratory business, Landlord for shall not perform any cost incurred by Landlord proposed repairs, maintenance or building or construction activities, including but not limited to replace any lost key cutting off electricity, utilities, water, drainage capacity, HVAC or electronic key card and failure plumbing, or disrupting ingress or egress through the rear or the front entrances, or performing work which would reasonably be expected to timely do so shall constitute an Advance. Upon result in ground vibrations at the Property that would interfere with such laboratory business, without giving Tenant not less than one business days’ seventy two (72) hours advanced written notice (except in the case of an emergency) so that Tenant can take appropriate advance action where possible to Landlordavoid damage to equipment, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leaseprotect lab samples, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameprotect laboratory tests being performed. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall maintain or cause to be maintained in good order, condition, and at its sole cost repair consistent with Class A buildings in the area, the Building and expense, make all necessary capital and non-capital Building Common Areas of the Condominium not the obligation of Tenant. Such repairs, replacements and replacements to maintenance shall include (iwithout limitation): (a) the foundations, outer wallupkeep of the roof, roof membrane and other roof systems (gutters, downspouts and the like), foundation, exterior walls, interior structural walls, and all structural components of the BuildingPremises, and the Building and (iib) the Common Areasmaintenance and repair of all parking areas, sidewalks, landscaping and drainage systems on the Property and all utility systems (iii) Building including mechanical, electrical, plumbing, elevator and HVAC systems) and plumbing systems servicing which serve the BuildingBuilding as a whole and not a particular tenant’s premises. Landlord shall additionally make certain minor ordinary course all repairs under this Section promptly after Landlord learns of the need for such repairs but in any event within thirty (30) days after Tenant notifies Landlord of the need for such repairs (except when the repairs require more than thirty (30) days for performance and Landlord commences the repair within thirty (30) days and diligently pursues the repair to completion). In the Leased Premisescase of a disagreement between the parties with respect to a party’s repair and maintenance obligations hereunder, including ceiling tile replacement, light bulb replacement either party may utilize the alternative dispute resolution procedure set forth in Exhibit D. (b) Except as caused by the Common Areas, door repairs and repair negligence or willful misconduct of window treatment mechanicals. Notwithstanding the foregoing Landlord or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, its agents, contractors, directorsor employees or as otherwise expressly provided in this Lease, officers, employees, guests, invitees, customers or licensees, Landlord shall have committed waste uponno liability to Tenant nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, abused annoyance, interruption or otherwise damaged injury to business arising from Landlord’s making any of, the structures, systems, improvements reasonable repairs or reasonable changes which Landlord is required or permitted by this Lease or by any other components tenant’s lease or required by law to make in or to any portion of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the BuildingPremises. (c) Landlord shall provide Tenant do all acts required to comply with such number all applicable laws, ordinances, and rules of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice public authority relating to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant ’s maintenance obligations as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameset forth herein. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord shallunder the Master Lease and Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air -conditioning, ventilation, life-safety, water, electricity, elevator service and at its sole cost cleaning service, if any; and expenseno failure to furnish, make all necessary capital and non-capital repairsor interruption of, and replacements any such services or facilities shall give rise to any (i) the foundationsabatement, outer walldiminution or reduction of Subtenant's obligations under this Sublease except as otherwise provided herein, roof and other structural components of the Building, or (ii) liability on the Common Areaspart of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may be necessary, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing shall thereafter diligently prosecute such performance on the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair part of window treatment mechanicalsLandlord. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryprovisions of clause (i) above, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute if an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Essential Services Interruption Event (as said term is defined in Section 6.2 hereof15.B of the Original Master Lease) occurs which is due to the act or omission of Sublandlord, and Subtenant is prevented from using, and does not use, an Affected Area (as said term is defined in Section 15.B of the Original Master Lease) as a result of such Essential Services Interruption event for purposes a period in excess of the Eligibility Period (as said term is defined in Section 15.B of the Original Master Lease), the Rent payable under this Lease; provided Landlord’s prior written consent Sublease shall be abated after the expiration of the Eligibility Period for such time that Subtenant continues to be prevented from using, and does not use, the additional security system shall (i) be deemed Affected Area in the proportion that the rentable area of the Affected Area bears to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sametotal rentable area of the Subleased Premises. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary repairs and replacements of both capital and non-capital repairs, and replacements nature to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) On or prior to the Commencement Date, Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind. Notwithstanding the foregoing, Landlord shall deliver the Leased Premises with the leasehold improvements set for the in Section 6.1 of the Lease.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and "BUILDING STRUCTURE") at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men's and women's washrooms, Building mechanical, electrical and telephone closets, and replacements to (i) all common and public areas and the foundationsBuilding security, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, life safety, plumbing, elevator sprinkler systems and HVAC systems servicing (collectively, the Building"BUILDING SYSTEMS") and all other Common Areas within the Project, and the cost of such maintenance and repair (or the amortized portion of the capital expenses of such maintenance and repairs, as applicable), shall be included in Operating Expenses. Landlord shall additionally make certain minor ordinary course undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this SECTION 7.1 promptly after Landlord learns of the Leased Premisesneed for such maintenance, including ceiling tile replacementrepairs and replacements, light bulb but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of emergency (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. In the event that any maintenance, repair and/or replacement is required of the air handlers and chillers servicing the Lab Areas, and Tenant expects that Tenant will suffer monetary loss or damages if such work is not completed immediately, Tenant shall give notice of such situation to Landlord and Landlord's property manager, clearly stating the emergency nature of the situation, and if Landlord is unable to proceed to effect such maintenance, repairs or replacements immediately, Tenant may do so, and the cost of such work shall be allocated and paid for as provided in the Common Areas, door repairs and repair next paragraph of window treatment mechanicalsthis Section 7.1. Notwithstanding the foregoing or anything contained elsewhere in this Lease herein to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten reimburse Landlord as Additional Rent, within thirty (1030) days after receipt of an invoice therefor from Landlord's invoice, Tenant shall reimburse Landlord for any cost incurred by Landlord all costs paid to replace any lost key or electronic key card third parties associated with the repair, maintenance and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination replacement of this Lease, Tenant shall return all such keys the air handlers and electronic key cards to Landlord. In addition, Tenant shall have chillers which service the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Lab Areas (as defined in Section 6.2 hereofSECTION 6.2, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for purposes replacements of this Lease; provided the air handlers and chillers (or components thereof) which service the Lab Areas that are capital in nature under generally accepted accounting principles, at Tenant's option, to be exercised within thirty days after receipt of Landlord’s prior written consent 's first invoice for such costs, in lieu of reimbursing Landlord within thirty days, such costs shall be amortized (with interest at a twelve percent (12%) per annum) over the additional security system shall lesser of (i) be deemed to have been granted and the remaining Term of the Lease, or (ii) not be conditioned upon the useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a requirement for Tenant to remove monthly basis, the sameamortized portion and interest applicable thereto. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair and replace as necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (aincluding elevator shafts) Landlord shall(collectively, and “BUILDING STRUCTURE”) at its sole cost and expense. Landlord shall also maintain, make all repair and replace as necessary capital the parking areas, sidewalks and non-capital repairsaccess roads (including snow and ice removal), landscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and replacements to (i) all common and public areas and the foundationsBuilding security, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, life safety, plumbing, elevator sprinkler systems and HVAC systems servicing (collectively, the Building“BUILDING SYSTEMS”) and all other Common Areas within the Project, and the cost of such maintenance and repair (or the amortized portion of the capital expenses of such maintenance and repairs, as applicable), shall be included in Operating Expenses. Landlord shall additionally make certain minor ordinary course undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this SECTION 7.1 promptly after Landlord learns of the Leased Premisesneed for such maintenance, including ceiling tile replacementrepairs and replacements, light bulb but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of emergency (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. In the event that any maintenance, repair and/or replacement is required of the air handlers and chillers servicing the Lab Areas, and Tenant expects that Tenant will suffer monetary loss or damages if such work is not completed immediately, Tenant shall give notice of such situation to Landlord and Landlord’s property manager, clearly stating the emergency nature of the situation, and if Landlord is unable to proceed to effect such maintenance, repairs or replacements immediately, Tenant may do so, and the cost of such work shall be allocated and paid for as provided in the Common Areas, door repairs and repair next paragraph of window treatment mechanicalsthis Section 7.1. Notwithstanding the foregoing or anything contained elsewhere in this Lease herein to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten reimburse Landlord as Additional Rent, within thirty (1030) days after receipt of an invoice therefor from Landlord’s invoice, Tenant shall reimburse Landlord for any cost incurred by Landlord all costs paid to replace any lost key or electronic key card third parties associated with the repair, maintenance and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination replacement of this Lease, Tenant shall return all such keys the air handlers and electronic key cards to Landlord. In addition, Tenant shall have chillers which service the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Lab Areas (as defined in Section 6.2 hereofSECTION 6.2, above) of the Premises and such costs shall thereafter not be included in the calculation of Operating Expenses. Notwithstanding the foregoing, with respect to all costs for purposes replacements of this Lease; provided the air handlers and chillers (or components thereof) which service the Lab Areas that are capital in nature under generally accepted accounting principles, at Tenant’s option, to be exercised within thirty days after receipt of Landlord’s prior written consent first invoice for such costs, in lieu of reimbursing Landlord within thirty days, such costs shall be amortized (with interest at a twelve percent (12%) per annum) over the additional security system shall lesser of (i) be deemed to have been granted and the remaining Term of the Lease, or (ii) not be conditioned upon the useful life of the item being replaced, and Tenant shall pay Landlord, as Additional Rent, on a requirement for Tenant to remove monthly basis, the sameamortized portion and interest applicable thereto. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallLANDLORD, and at its sole cost and expense, shall make all necessary capital repairs to the footings, foundation, structural steel columns-, exterior walls and non-capital repairsgirders forming a part of the Premises, provided that LANDLORD shall not have responsibility to make any repair until LANDLORD receives written notice of the need for such repair and LANDLORD confirms such repair is necessary. LANDLORD represents and warrants that the Property contains no structural defects and requires no major repairs or replacements, all building systems are in good working order at the time of TENANT’S occupancy, and replacements the Property is served by all utilities necessary for the operation thereof as typical office space of similar type and kind. -Additionally, TENANT’S liability to repair the HVAC systems shall be limited to no more than One Thousand Five Hundred ($1,500.00) Dollars annually for the term of the lease. Should an HVAC unit require replacement during the term of the lease, LANDLORD shall replace the unit at its sole expense as a capital expense for the Property. Subject to the limitations set forth in this Section D.1, LANDLORD, at TENANT’S sole expense, shall maintain and repair the HVAC systems appurtenant to the Premises. LANDLORD also maintains the Property’s Common Utility systems, and, other systems that do not serve the Premises exclusively, and makes all necessary repairs to the roof, grounds, and common areas, the costs of which are an operating expense, payable by the TENANT in its TENANT’S Share. “Walls” excludes windows, glass, plate glass, doors, custom storefronts, and entry areas. Unless this Lease is terminated due to any casualty or taking, LANDLORD, as and when necessary, (i) restores the foundationsProperty’s roof, outer wallfoundation, roof and other structural components of the Buildingexterior walls, (ii) the Common Areascommon systems, and (iii) Building mechanicalcommon areas, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises restores any improvements, equipment, and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems installations within or serving the Leased Premises and agrees Premises, except those installed by TENANT or by LANDLORD for TENANT’S account. Notwithstanding the foregoing, LANDLORD is not obligated to accept the same in their “as is” condition, without warranty of restore any kind.damage caused by TENANT. Reasonable advance written notice is an absolute condition precedent to

Landlord’s Obligations. (a) Subject to the limitations hereinafter set forth, the parties have agreed that Landlord shallwill pay for all utilities to the Premises within the Building, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to except (i) any exterior sign which Tenant may elect to erect should Landlord permit such sign. During the foundationsLease Term, outer wallLandlord shall be responsible for the maintaining the Property in a neat, roof attractive, and other structural components functional manner comparable to buildings of similar age and amenities within the vicinity of the Building, including, but not limited to the following with respect to the Premises but not with respect to any License Areas: (iia) all interior maintenance, repair and cleaning of the Common AreasBuilding and its systems, but not of Tenant’s equipment; (b) all exterior Building maintenance, repair and cleaning, including landscaping; (c) all parking lot maintenance, repair, cleaning, and striping except for any roof or cover erected by Tenant within Tenant’s reserved parking and except for any parking lot signs erected by Tenant; and (iiid) Building mechanicalmaintenance and repairs of all mechanical and electrical systems in the Building, including but not limited to the electrical, plumbing, elevator lighting, data infrastructure to the extent installed by Landlord, and HVAC systems servicing systems, elevators and entry ways for the BuildingPremises (but not for any back up generators or other equipment located in the Computer Room). Landlord will maintain a full time maintenance person within the Building to perform Landlord’s obligations hereunder during Building Standard Hours. Landlord shall additionally make certain minor ordinary course repairs also provide Tenant an after-hours contact to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsdeal with after-hour emergencies or problems requiring immediate assistance. Notwithstanding the foregoing or anything contained elsewhere in this Lease Landlord is not responsible for any maintenance to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s ownersequipment including equipment installed by Landlord, agentsif any, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, within the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvanceDining Area. (b) The covenants and obligations of Tenant to pay the Adjusted Rental and all additional sums hereunder (collectively, the “Rent”) shall be unconditional and independent of any other covenant or condition imposed on either Landlord shall arrange for and supervise rubbish removalor Tenant, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of whether under this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined law or in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameequity. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and shall at its sole cost and expense, make all necessary capital and non-capital repairsmaintain, and replacements to (i) repair and/or replace, as necessary, the foundations, outer wall, roof and other structural components structure of the Building, the structural elements of the roof, the roof membrane, slab, foundation and exterior walls of the Building, the sub grade sewer and plumbing lines (all such repairs and maintenance (the “Landlord Maintenance”), but not replacements, to be reimbursed as Operating Expenses), except to the extent such is part of any Alterations. Provided, however, if any such work, maintenance, repairs or replacements are required as a result of the negligence or misconduct of Tenant or any Tenant Parties, Tenant’s failure to repair and maintain the Premises or the misuse of the Premises by Tenant or the Tenant Parties (any of the foregoing, a “Tenant Necessitated Repair”), Tenant shall reimburse Landlord for all reasonable costs paid or incurred by Landlord for such work upon demand as Additional Rent. Landlord shall also be responsible for the performance of landscaping and snow removal and repairs and maintenance of the exterior parking areas, sidewalks and truck courts provided that the cost of such activities shall be reimbursable as Operating Expenses. In addition, Landlord, at its sole expense, shall perform any replacements to (a) the sprinkler systems and (b) parking lot, in either instance, the cost of which is in excess of $10,000 per year (such excess costs being the “Replacement Costs”); provided, however, that Tenant shall reimburse Landlord for the Replacement Costs amortized over its useful life in accordance with GAAP, together with interest on the unamortized balance(s) at the rate of ten percent (10%) per annum or such other market rate as may be payable by Landlord on funds borrowed for the purpose of funding the Replacement Costs, as Additional Rent on or prior to the first day of each calendar month after such replacement is performed by Landlord In addition to the foregoing obligations, Landlord shall be responsible, at its expense, for correcting (i) any latent defects throughout the Term and (ii) deferred maintenance throughout the Common Areasfirst twelve (12) months of the Term. For the avoidance of ambiguity, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC Tenant shall be responsible for any replacement costs of the sprinkler systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryparking lot, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofeither instance, the structures, systems, improvements or other components cost of the Building or the Leased Premises described in, or contemplated by, this subsection, which are less than $10,000 per year and shall reimburse Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. within twenty (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1020) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (aA) Subject to the provisions of Article VIII hereof, Landlord shallshall during the Term of this Lease keep in first-class order, condition and repair the foundations, exterior walls (excluding the interior surface of exterior walls and excluding all windows, doors, plate glass and showcases), downspouts, gutters and roof of the Premises, and other structural portions of the Premises, and Property plumbing, electrical, mechanical, and sprinkler systems (only to the point of connection to the Premises) except for reasonable wear and tear; provided, however, that Landlord shall have no obligation to repair until a reasonable time after the receipt by Landlord of notice of the need for repairs. Tenant shall reimburse Landlord for the actual out-of-pocket cost thereof within thirty (30) days following Tenant’s receipt of an invoice for such work, said costs to be allocated as provided in Section 13.05. Tenant agrees that it will promptly notify Landlord of the need for any such repair after Tenant becomes aware of same. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. Notwithstanding anything to the contrary in this Lease, there is reserved to Landlord the use of the exterior walls and roof and the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires through the Premises in locations which will not materially interfere with Tenant’s use thereof, at Landlord’s sole cost and expense. Landlord, at its sole cost and expense, make shall repair all necessary capital and non-capital repairs, and replacements damage caused to (i) the foundations, outer wall, roof and other structural components Premises as the result of the Building, foregoing work performed by Landlord. (iiB) Landlord shall also repair and maintain the Common AreasAreas of the Property, including, but not limited to, the roof, the foundation, exterior walls, the structural portions of the Property and any load-bearing interior walls, the public portions of the Property interior and the Property’s common plumbing (iii) Building mechanicalincluding water and waste lines), electrical, plumbingmechanical, elevator elevator, sprinkler, security systems and HVAC systems servicing the Buildingmonitoring, fire command, life safety and heating system. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost Tenant’s Proportionate Share of all costs and expenses paid or incurred by Landlord for the maintenance and repair of the Common Areas of the Property, in accordance with the provisions of Section 13.05 herein (unless the same is required as a result of Landlord’s gross negligence or willful misconduct, in which case such costs shall be incurred solely by Landlord), except that if the repair or replacement so required is extraordinary or generally non-reoccurring and such repair is caused by Tenant’s negligence or willful misconduct, then Tenant shall reimburse Landlord for the cost thereof within thirty (30) days following an invoice for such work. Such costs shall exclude partial or complete restoration necessitated by casualty, but shall include Landlord’s cost of insuring the Premises as provided in Section 7.03 hereof. Notwithstanding anything to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leasethe contrary herein, Tenant shall return all such keys not be responsible for reimbursing Landlord for any costs and electronic key cards to Landlordexpenses incurred by Landlord for the maintenance and repair of the Common Areas of the Property solely resulting from the negligence or misconduct of any other tenant or occupant of the Property. In additionExcept as amortized over the useful life thereof, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement responsible for Tenant capital repairs or improvements to remove the sameProperty. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to the below limitations on Landlord's liability, Landlord shall, during the Term, be responsible for and at its sole cost shall perform and expensepay directly for all Capital Repairs and Replacements to the equipment, make all necessary capital and non-capital repairsbuilding, and replacements improvements comprising the Powerhouse and the related distribution system serving the Complex which are necessary to meet the contractual requirements under the Konarka ESA or with other users within the Complex, or required by Applicable Law. "Capital Repairs and Replacements" are (i) the foundationsall repairs costing more than $25,000, outer wall, roof and other structural components of the Building, (ii) the Common Areasany other repairs, and (iii) Building mechanicalreplacements, electrical, plumbing, elevator and HVAC systems servicing the Buildingor installations having a useful life longer than one year which would be capitalized under generally accepted accounting principles or prevailing real estate practice. Landlord shall additionally make certain minor ordinary course repairs has agreed to perfoint the repair described in Exhibit H attached hereto as a Capital Repair and Replacement. Landlord has not agreed to or authorized any other Capital Repair or Replacement. Notwithstanding anything to the Leased Premises, including ceiling tile replacement, light bulb replacement contrary contained in the Common AreasShort-Term Energy Services Agreement, door repairs and repair of window treatment mechanicals. Notwithstanding so long as Landlord is both the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components owner of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordpurchaser under the Short-Term Energy Services Agreement, Tenant shall reimburse not have the right to charge Landlord for any cost incurred by Capital Repairs and Replacements under such Short-Term Energy Services Agreement. If Landlord refuses to replace perform, approve, or pay for any lost key Capital Repair or electronic key card Replacement, as Tenant's sole and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionexclusive remedies, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall either (i) terminate this Lease by written notice to Landlord, and upon such termination, Tenant shall surrender the Premises in accordance with Article XXI hereof, and upon such surrender, the Security Deposit (or so much thereof as has not been applied) shall be deemed returned to have been granted and Tenant, or (ii) exercise the Purchase Option. Tenant shall not be conditioned upon obligated to perform any Capital Repairs and Replacements if Landlord does not agree to pay for or perform such repairs. In no event shall Landlord be obligated to pay for any capital work or improvements which relate to Tenant's construction of the Project. If Landlord pays for the cost of a requirement Capital Repair or Replacement, then Tenant shall seek reimbursement for Tenant that cost under the Konarka ESA (to remove the sameextent permitted thereunder), and shall promptly pay to Landlord any amounts paid by Konarka Technologies, Inc., a Delaware corporation (or its successor under the Konarka ESA, including Konarka NB Holdings, LLC) in respect of such repair or replacement. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to shall keep: (i) the foundations, outer wall, roof and other structural components common areas of the Building, ; (ii) elevators serving the Common Areas, and Premises; (iii) Building the roof of the Building; (iv) exterior plate glass; (v) public restrooms and restrooms used by Tenant in common with other tenants of the Building; (vi) structural elements; (vii) those mechanical, electricalelectrical and communications systems, plumbingequipment and risers serving the Premises except those systems, elevator equipment and HVAC risers installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; (viii) those heating, ventilating and air conditioning systems servicing or equipment serving the Building. Landlord Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; and (ix) those plumbing and other utility systems or equipment serving the Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use, in good and sanitary working order, condition and repair, in compliance with all Laws (the cost of which shall additionally make certain minor ordinary course repairs be included in Operating Expenses to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsextent permitted by Article 3 hereof). Notwithstanding the foregoing or anything contained elsewhere in this Lease Subject to the contraryprovisions of Section 10(C) hereof, in if any damage to the event that Premises or to any equipment therein or appurtenance thereto or any part thereof results from any negligent act or omission or willful misconduct by Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, its contractors, directorssubcontractors, officers, employees, guests, invitees, customers agents or licensees, shall have committed waste upon, abused employees or otherwise damaged any of, from the structures, systems, improvements or other components breach of the Building or the Leased Premises described in, or contemplated by, Landlord’s obligations under this subsectionLease, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises undertake at its sole cost and expense all repairs and replacements that are required to address such damage. No promises of Landlord to alter, remodel, improve, repair, decorate or clean the Property or any such installation shall constitute an Alteration (as defined part thereof have been made, and no representation respecting the condition of the Property or any part thereof has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallwill furnish to Tenant at Landlord's expense: (1) water at those points of supply provided for the general use of the tenants of the Building; (2) heated and refrigerated air conditioning in season, at such times as Landlord determines, and at its sole cost such temperatures and expensein such amounts as reasonably considered necessary by Landlord; service on Sundays, make all necessary capital and non-capital repairsSaturdays, and replacements to (i) holidays are optional on the foundations, outer wall, roof and other structural components part of the Building, Landlord; (ii3) passenger elevators for ingress to and egress from the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs common with other tenants; and (4) electric lighting for public areas and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components special service areas of the Building or to the Leased Premises described in, or contemplated by, this subsection, extent deemed by the Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance.reasonable (b) Landlord shall arrange furnish electrical current required for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for normal office use of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Premises. Tenant shall reasonably require pay Landlord's cost for its owners and employees. Within any such excess use of electricity within ten (10) days after receipt being invoiced therefor. If Landlord's cost of an invoice therefor electricity per kilowatt hour ("kwh") for the Premises' electricity increases by thirty percent (30%) or more from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination the Commencement Date of this Lease, Landlord may pass through such increase above the thirty percent (30%) threshold to Tenant on a pro-rata basis. Tenant agrees to pay such charge immediately upon receipt of written notice thereof. Such charges will be billed monthly, and shall return all such keys and electronic key cards be determined using as the base rate the price per kwh charged at the Commencement Date. c) Failure to Landlordfurnish, stoppage, or interruption of these services resulting from any cause shall not render Landlord liable in any respect for damages to either person, property or business, or be construed as an eviction of Tenant, work an abatement of rent, or relieve Tenant from performance of its obligations. In additionShould any equipment furnished by Landlord cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. Landlord shall not be obligated to furnish these services if Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined is in Section 6.2 hereof) for purposes of default under this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at Except where repairs are required to be made by Tenant or when caused by the negligence or intentional acts or omissions of Tenant or its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, employees or invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components but subject to Section 23 of the Building or the Leased Premises described in, or contemplated by, this subsectionLease, Landlord shall cause them perform the following maintenance and repairs, restorations or replacements to be repaired or replacedthe Premises, and to the Building and the Project to the extent required for Tenant's use of the Premises: Landlord shall maintain, repair and replace, as necessary, and keep in good order, safe and clean condition (i) the plumbing, sprinkler, HVAC, electrical and mechanical lines and equipment associated therewith (except such portions thereof which were specifically installed for Tenant other than Landlord's Work and Tenant's Work), elevators and boilers, broken or damaged glass, and damage by vandals; (ii) fluorescent lighting fixtures and bulbs, both within the Premises and in the common areas and facilities, (iii) utility and trunk lines, tanks and transformers and the interior and exterior structure of the Building, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns and window frames; (iv) any walls, ceilings and, subject to ordinary wear and tear, floor coverings (including carpets and tiles) in the common areas and facilities, and maintenance of walls, ceilings and floor coverings within the Premises if and to the extent such maintenance is performed by Landlord under Landlord's Building-wide maintenance and repair program for tenant premises; (v) improvements to the Property, including landscaping and fencing; and (vi) the common areas and facilities located within or outside the Building, including the common entrances, corridors, interior and exterior doors and windows, loading docks, elevators, stairways, laboratory facilities and parking areas and access thereto. Tenant shall perform all other maintenance and repairs in the Premises; provided Tenant may request that Landlord perform such maintenance in which event Tenant shall pay Landlord directly for the cost thereof but such cost shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samean Operating Expense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) In addition to and without limiting the express warranties and agreements of Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessaryLease, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number any express warranties of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred construction by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leaseshall, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and without reimbursement as an Operating Expense, (i) maintain all structural portions of the Building including, but not limited to, the foundation and roof structure, within or below the foundation or slab plumbing fixtures installed by Landlord, below the foundation or slab utility lines installed by Landlord, and the structural soundness of the load bearing walls of the Building in good repair, reasonable wear and tear excepted, and (ii) replace (as opposed to repair and maintain), if necessary during the initial term of this Lease, the Building roof structure, HVAC above the roof level, and/or the Building elevators; provided, however, that to the extent any such installation shall constitute an Alteration replacement(s) become necessary during any Option Term (as defined in Section 6.2 Paragraph 41 hereof) for purposes of this Lease), such cost shall be included as an Operating Expense as set forth and subject to the amortization limits in EXHIBIT "E" attached hereto; provided Landlord’s prior written consent further, that to the extent repairs and/or replacements to such items are required as a result of (x) Tenant's failure to observe and fulfill its obligations under Paragraph 14(a) above, or (y) the negligent or intentionally willful acts or omissions of Tenant or its employees, agents, contractors, or subtenants, such repairs and/or replacements plus an administration fee of five percent (5%) shall be made by Landlord at the sole cost of Tenant. In addition, Landlord shall perform or cause to be performed all maintenance, repair and other services to which Common Area Expenses are applicable as and when the same are reasonably necessary, including, but not limited to, landscape maintenance, driveway and parking area maintenance for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and Common Areas, exterior lighting maintenance, waste removal, external painting for the mechanicalBuilding, electricaland signs for the Development. Further, plumbing Landlord shall, at Tenant's sole cost and expense as part of the Building Operating Expenses, keep the Building elevators, Building heating, ventilation and air conditioning systems serving system ("HVAC"), and Building roof covering in good order, condition and repair, reasonable wear and tear expected, and in furtherance thereof, Landlord shall procure and maintain, at Tenant's sole cost and expense, (i) a roof maintenance contract, (ii) an HVAC maintenance contract, and (iii) an elevator maintenance contract, and the Leased terms of all of such maintenance contracts shall be reasonable and customary, such that the construction warranties applicable to the roof, elevators and HVAC remain enforceable and in effect. Except for the obligations of Landlord in this Paragraph 14 above, under Paragraph 20 relating to damage or destruction of the Premises, or under Paragraph 21 relating to eminent domain, it is intended by the parties that Landlord have no obligation of any kind whatsoever, (i) to repair or maintain the Premises and agrees or any portion thereof or any equipment therein, all of which obligations are intended to accept be Tenant's obligations, or (ii) to pay any other cost or expense whatsoever directly or indirectly relating to Tenant's operation or use of the same in their “Premises. Except as is” conditionprovided below, Tenant waives the right to make repairs at Landlord's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without warranty limitation, the provisions of California Civil Code Sections 1941 and 1942 and any kindsuccessor statutes or laws of a similar nature).

Landlord’s Obligations. (a) Subject to the provisions of Paragraphs ---------------------- 21 and 22, Landlord shall, and at its sole cost and expense, make all necessary capital maintain in good order, condition and non-capital repairsrepair the following items of the Building and the Parking Structure: foundation, footings, floor slab, load bearing walls, the structural portions of the roof (excluding roof coverings), and replacements to exterior walls (i) excluding any glass, and further excluding the foundationspainting, outer wallsealing, roof and other structural components patching or waterproofing of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Buildingexterior walls). Landlord shall additionally make certain minor ordinary course repairs Subject to the Leased Premisesprovisions of Paragraphs 21 and 22, including ceiling tile replacementLandlord also shall maintain the Outside Areas in good order, light bulb replacement in the Common Areas, door repairs condition and repair and the costs thereof shall be included in Operating Expenses. It is the express intent of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event Landlord and Tenant that Landlord shall reasonably determine that Tenanthave no obligation, in any manner whatsoever, to repair and maintain all or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, part of the structures, systems, improvements or Premises other components than those portions of the Building or and Parking Structure as expressly provided for in this Subparagraph 14(a), it being the Leased Premises described in, or contemplated by, this subsection, further express intent of Landlord shall cause them to and Tenant that such be maintained and repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense expense. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to repair or maintain those portions of the Premises which it is obligated to do so under this Subparagraph 14(a) if such maintenance or repair is (i) required as a result of any damage thereto caused by the acts or omissions of Tenant or of Tenant's agents, employees, subtenants, contractors, or invitees, and the cost of any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes repairs or maintenance is not covered by insurance required to be carried by Landlord pursuant to the terms of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and , or (ii) not be conditioned upon a requirement for is required by reason of the failure of Tenant to remove perform or comply with any terms of this Lease, or (iii) is caused by any Alterations made by Tenant or by Tenant's agents, employees, subtenants or contractors. It is an express condition precedent to all obligations of Landlord to repair and maintain as provided herein that Tenant shall have notified Landlord of the sameneed for such repairs and maintenance. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall promptly repair and maintain in good order and condition the Common Areas and the roof, foundation, load-bearing walls, columns and beams, and at its sole cost and expenseheating, make all necessary capital and non-capital repairsventilation, and replacements to air conditioning equipment (iprovided Landlord shall only be obligated for replacement, not repair or maintenance, of HVAC equipment) the foundations, outer wall, roof and other structural components of the Building, (ii) and the Common Areas, and (iii) outside Building mechanical, electrical, plumbing, elevator electrical and HVAC systems servicing other facilities serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door except for (i) maintenance or repairs and repair required because of window treatment mechanicals. Notwithstanding the foregoing any negligent or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, intentional act or omission of Tenant or Tenant’s ownersPermittees, agentsincluding without limitation, contractors, directors, officers, employees, guests, invitees, customers damage to the interior or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior of the Building or the Leased Premises described inparking stalls and covers, or contemplated by(ii) maintenance, repairs, alterations or improvements required by a rule, regulation, ordinance, order, code, law or requirement of any governmental authority or insurer as a result of Tenant’s use or possession of the Premises. Except as provided elsewhere in this subsectionLease, Monthly Rent shall not ▇▇▇▇▇ and Landlord shall not be liable by reason of any injury or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements in or to the Premises; provided, however, Landlord shall cause them perform such work in a manner so as to be repaired or replaced, as necessary, and not unreasonably interfere with the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number conduct of keys and electronic key cards for the Leased Premises and the Building as Tenant’s business. Tenant shall reasonably require not be entitled to undertake any such maintenance or repairs, whether at the expense of Tenant or Landlord. Tenant shall pay to Landlord Tenant’s Share of the costs incurred by Landlord in-performing such repair and maintenance obligations in accordance with the provisions of Article 5 above; provided that Tenant has no obligation to pay for its owners and employeesrepairs necessitated by faulty construction performed by Landlord except for those repairs necessitated by defects waived by Tenant pursuant to Section 6.2. Within ten (10) days after receipt 3f Landlord elects to perform maintenance or repairs required due to the negligence or misconduct of an invoice therefor from LandlordTenant or Tenant’s Permittees, Tenant shall reimburse Landlord for any cost all costs so incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system (including a reasonable charge for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (ioverhead) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samewithin 10 days after delivery of demand by Landlord. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord regarding services to be provided or other obligations to be performed by Landlord under the Master Lease as distinct from obligations of Sublandlord under this Sublease, and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs that are the obligation of Landlord under the Master Lease. Except as and to the extent that Landlord provides a rent abatement credit to Sublandlord (with respect to the Subleased Premises) pursuant to Section 4.2(C) of the Master Lease, and except for matters arising from the gross negligence or willful misconduct of Sublandlord or its agents, employees or contractors, or from Sublandlord's breach or default under the Master Lease (such breach or default continuing beyond the expiration of applicable notice or grace periods), Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant's obligations under this Sublease, or (ii) liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may reasonably be indicated, under the circumstances, to secure such performance upon Subtenant's request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord. Notwithstanding anything herein to the contrary, (x) to the extent Sublandlord has expressly agreed hereunder to enforce for the benefit of Subtenant any of Landlord's obligations to Sublandlord under the Master Lease and Landlord has failed or refused to perform such obligations or (y) Landlord has failed to perform its obligations under the Master Lease and such failure materially and adversely affects Subtenant's use and occupancy of the Premises, and Sublandlord has been unable, within a reasonable time after notice from Subtenant, to cause Landlord to perform such obligations, and (a) Sublandlord reasonably determines that commencing a legal proceeding is the only reasonable alternative to cause Landlord to perform such obligations and (b) Subtenant is not then in default hereunder beyond any applicable cure period, Sublandlord shall, at Subtenant's request, commence an appropriate legal proceeding against Landlord using attorneys and at its experts selected by Sublandlord, or, in Sublandlord's sole cost discretion, permit Subtenant to commence such legal proceeding on Subtenant's own behalf if Subtenant demonstrates to Sublandlord's reasonable satisfaction that Subtenant is reasonably likely to be barred from commencing such legal proceeding by reason of lack of privity. In such event, Subtenant may commence such legal proceedings in the name of Sublandlord, using attorneys and expenseexperts selected by Sublandlord with the approval of Subtenant (such approval not to be unreasonably withheld or delayed) provided that, make all necessary capital and non-capital repairs, and replacements to in either event (i) the foundations, outer wall, roof and other structural components commencement of such legal proceeding does not cause a default under the BuildingMaster Lease, (ii) Subtenant shall pay to Sublandlord upon demand therefor any and all the Common Areascosts and expenses, including actual attorneys' fees and costs, incurred by Sublandlord in connection therewith, and (iii) Building mechanicalSubtenant indemnifies and holds Sublandlord, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractorsits officers, directors, officersshareholders, employeesaffiliates, guestssubsidiaries, inviteesagents and employees harmless from any loss, customers suit, damage, claim or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areascost, including the sidewalksactual attorneys' fees and costs, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined Sublandlord in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameconnection therewith. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subject to Sections 12 and 13, Landlord shall maintain or cause to be maintained in good order, condition and repair, the Common Areas of the Property (a) Landlord shallincluding the Parking Facility and all landscaping on the Property), the structural components of the Building (which structural components include only the foundation and the structural components of all exterior walls and the Building’s roof system), the Building’s exterior walls, the Building’s roof (including the roof membrane), and at its sole cost the Building’s HVAC systems. Landlord shall maintain and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components of the Building, at Landlord’s sole cost and expense; provided, however, Tenant shall pay the entire cost of repairs and/or replacements for any damage caused by Tenant’s use of the Premises or any other part of the Property, any act or omission of Tenant (iiincluding Tenant’s failure to perform its obligations under Section 7.1) or Tenant’s Representatives or Visitors, and/or Tenant’s Alterations, and provided further to the extent the costs incurred by Landlord for any such maintenance and repair are increased by reason of Tenant’s Alterations, the additional costs attributable to Tenant’s Alterations shall be an Operating Cost. Any other costs incurred by Landlord pursuant to this provision, including costs incurred to maintain and repair (and make replacements to) the Common AreasAreas (including the Parking Facility), the nonstructural components of the Building’s roof system (including the roof membrane), the nonstructural components of the Building’s exterior walls (including painting same), and the HVAC system, shall be Operating Costs, and nothing contained herein shall be construed to negate or limit Tenant’s obligation to pay Tenant’s Share of such costs. Landlord agrees to maintain (iiias an Operating Cost) Building mechanicalan HVAC maintenance contract with a reputable HVAC contractor so long as, electricalin Landlord’s reasonable judgment, plumbingto provide Tenant copies of reports received by Landlord from the HVAC contractor regarding the maintenance and repair of the HVAC system, elevator and to permit Tenant to call the HVAC systems servicing contractor directly in the Buildingevent of an emergency. Landlord shall additionally make certain minor ordinary course repairs be under no obligation to inspect the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common AreasProperty, including the sidewalks, driveways Building; and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require promptly report in writing to Landlord any condition known to Tenant which Landlord is required to repair. As a material part of the consideration for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and electronic key cards 1942, that allows a tenant to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlordlandlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameexpense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Pursuant to the terms of the Master Lease, Landlord shallis obligated to keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to repair (i) the foundations, outer wall, roof and other structural components parts of the Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Common AreasBuilding elevator, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Project Common Areas, including all utilities and related utility lines and pipes outside of the sidewalksBuilding (“Landlord’s Maintenance Obligations”), driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost costs incurred by Landlord to replace any lost key or electronic key card and failure perform the foregoing obligations with respect to timely do so shall constitute an Advance. Upon not less than one business days’ notice the Building to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration extent they are deemed “Operating Costs” (as defined in Section 6.2 hereof2C) for purposes shall be passed through to Subtenant, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant’s agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this LeaseSublease, or caused by Subtenant or Subtenant’s agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant’s expense, or at Sublandlord’s election, such repairs shall be made by Subtenant, at Subtenant’s expense, with contractors approved by Landlord and Sublandlord. As between Sublandlord and Subtenant, Sublandlord shall be responsible for performance of Landlord’s Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work on the terms and conditions of this Sublease. At Sublandlord’s election, except in case of roof repairs, which shall be commenced within five (5) days after notice to Sublandlord, or emergency repairs, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord’s Maintenance Obligations, and use reasonable efforts to obtain Landlord performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such notification shall not affect Landlord’s prior written consent for obligation to perform periodic inspections of the additional security system shall (i) be deemed Project during the Lease Term. Subtenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Subtenant’s right to have been granted make repairs and (ii) not be conditioned upon a requirement for Tenant to remove deduct the sameexpenses of such repairs from the Rent due under this Sublease. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make Sublandlord hereby grants to Subtenant the right to receive all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, services and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs benefits with respect to the Leased Premises, including ceiling tile replacement, light bulb replacement in Subleased Premises which are to be provided by Landlord under the Common Areas, door repairs and repair of window treatment mechanicalsOriginal Master Lease. Notwithstanding the foregoing or anything contained elsewhere in this Lease Subtenant agrees that Sublandlord shall not be required to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged perform any of, the structures, systems, improvements or other components of the Building or covenants, agreements, and/or obligations of Landlord under the Leased Premises described inOriginal Master Lease and insofar as any of the covenants, or contemplated by, this subsection, Landlord shall cause them agreements and obligations of Sublandlord hereunder are required to be repaired or replacedperformed under the Original Master Lease by Landlord thereunder, as necessary, Subtenant acknowledges and the cost thereof agrees that Sublandlord shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse be entitled to look to Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlordperformance. In addition, Tenant Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Original Master Lease. Except to the extent caused by Sublandlord or Sublandlord’s breach of this Sublease or the Original Master Lease, Sublandlord shall not be responsible for any failure or interruption of the services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant’s obligations under this Sublease except as otherwise provided herein, or (ii) liability on the part of Sublandlord except to the extent such failure or interruption is caused by Sublandlord or Sublandlord’s breach of this Sublease or the Original Master Lease, except that if Sublandlord receives an abatement of rent from Landlord relating to the Subleased Premises, Subtenant shall receive a corresponding abatement of Rent hereunder. Notwithstanding the foregoing, Sublandlord shall promptly take such action as may be necessary, under the circumstances, to secure such performance upon Subtenant’s request to Sublandlord to do so and shall thereafter diligently prosecute (including taking appropriate legal action) such performance on the part of Landlord. Sublandlord agrees that Subtenant shall have the right to install take any additional security system for the Leased Premises at its sole cost action against Landlord in Sublandlord’s name; provided, however, that Subtenant shall indemnify and expense and hold Sublandlord harmless against all liability, loss or damage which Sublandlord may incur or suffer by reason of any such installation action, and that Subtenant provided to Sublandlord copies of all papers and notices of all proceedings so Sublandlord may be kept informed in respect thereof Sublandlord shall constitute an Alteration (as defined execute any documents reasonably required to permit Subtenant to take any such action in Section 6.2 Sublandlord’s name. Sublandlord shall, from and after the date hereof) for purposes of this Lease; provided , immediately forward to Subtenant any notices relating to the Subleased Premises received by Sublandlord from Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. All other costs of owning, operating and maintaining the Land and the Building shall be paid by Landlord. These shall include, without limitation (and the following costs shall not be included within Operating Costs): (a) costs occasioned by the act, omission or violation of law by Landlord; (b) costs occasioned by casualties of a type that would be covered by an all-risk property insurance policy (including earthquake and flood) or by other insurance carried by Landlord shallor occasioned by the exercise of the power of eminent domain; (c) costs relating to repairs, alterations, improvements, and at its sole cost equipment which must be capitalized under generally accepted accounting principles, including without limitation capital expenditures and expenseimprovements made or to make the Building or Land comply with applicable laws, make all necessary capital regulations, or ordinances, including but not limited to the Americans With Disabilities Act (but excluding any improvements required due to Tenant's particular use of the Premises); (d) lease payments and non-capital repairsthe costs of acquiring machinery and equipment which must be capitalized under generally accepted accounting principles, such as air conditioners, elevators, and replacements the like; (e) costs for which Landlord has a right of reimbursement from others; (f) costs to correct any construction defect in the Premises or the Building, or to comply with any CC&R, underwriter's requirement or law applicable to the Premises or the Building which was in effect as of the Commencement Date: (g) costs of any renovation, improvement, painting or redecorating of any portion of the Land or Building not made available for Tenant's use; (h) fees, commissions, attorneys' fees, auditing fees, brokerage fees or commissions, and other costs incurred in connection with negotiations or disputes with any other current, past, or prospective occupant or tenant of the Land or in preparing, negotiating or enforcing leases or lease-related documents such as guarantees, estoppels, nondisturbance agreements, termination agreements, amendments, subleases, assignments, and the like; (i) costs arising from the foundations, outer wall, roof and other structural components violation by Landlord or any occupant of the Building, Land (iiother than Tenant) of the Common Areasterms and conditions of any lease or other agreement, and any rental concessions or buyouts or tenant relocations: (iiij) Building mechanicalinterest, electricalcharges and fees incurred on debt, plumbingpayment on mortgages and rent under ground leases, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premisescosts expended in connection with any sale, including ceiling tile replacementhypothecation, light bulb replacement in the Common Areasfinancing, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantrefinancing, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components ground lease of the Building or Land or of the Leased Premises described inLandlord's interest therein; (k) any depreciation for any of the real property associated with the Premises, Building or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common AreasLand, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord any leasehold improvements; any reserves for any cost incurred by Landlord to replace purpose, any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordbad debt, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Leaserent loss, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.or

Landlord’s Obligations. (a) Upon receipt of written notice from Tenant, Landlord shallagrees to proceed with due diligence, and at its sole cost and expense, to make all necessary capital and non-capital any repairs, replacements or renewals to the Structural Elements, provided such repairs, replacements and replacements renewals are not made necessary by any neglect or act of Tenant (which shall be paid by Tenant), other than normal wear and tear and depreciation. Without limiting the foregoing, Landlord intends to (i) replace the foundations, outer wall, roof and other structural components membrane in Year 4 of the BuildingTerm, (ii) at Landlord’s cost, provided if Landlord determines that the Common Areasroof needs to be replaced sooner than during Year 4, then Landlord will replace the roof as and (iii) Building mechanicalwhen so required at Landlord’s cost. All preventative maintenance and repairs of the existing roof shall be made by Landlord, electricalat Tenant’s sole cost and expense as part of Operating Expenses. In addition, plumbingLandlord shall, elevator at Tenant’s expense to be billed to Tenant monthly as “Operating Expenses” as provided herein, maintain, repair and replace all utility lines running outside of the exterior walls and roof, all HVAC systems, fire/life safety systems, electrical and plumbing systems servicing of the Building. Landlord shall additionally make certain minor ordinary course repairs to Leased Premises and all drive aisles, driveways, walks, parking areas and landscaping and lighting and irrigation systems at the Leased Premises, including ceiling tile replacement, light bulb replacement in periodic removal of graffiti and periodic repainting of the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior walls of the Building or and periodic slurry coating and striping of the Leased Premises described inparking areas, or contemplated byprovided however, this subsectionany capital expenditures, Landlord including, but not limited to, the replacement of parking areas, drive aisles, HVAC system(s), etc. that are a part of Operating Expenses shall cause them to be repaired or replaced, as necessary, amortized on a straight line basis over the useful life thereof and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) paid by Tenant monthly with other Operating Expenses. Landlord shall provide Tenant with such number monthly estimates of keys estimated Operating Expenses which Tenant shall pay to Landlord During any period of repair by Landlord, Rent shall be abated if, and electronic key cards for to the extent, that Tenant’s use of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameis restricted. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (a) Landlord shallthe roof, exterior walls and foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all other mechanical equipment; the water, sewer, plumbing, and electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the event of and to the extent of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or regulation of any regulatory body, or because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other system in the building, Tenant shall make such structural repairs at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components after first obtaining Landlord's written approval of the Buildingplans and specifications and furnishing such indemnification against liens, (ii) the Common Areascosts, damages and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. expenses as Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall may reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerequire. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. 11.2.1 Except to the extent otherwise expressly provided elsewhere in this Lease and excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, but subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, as applicable, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (aincluding the above-ceiling distribution thereof), the mechanical rooms and the stairwells (exclusive of Tenant’s security system) in good condition and repair. Landlord shall, shall repair and maintain (subject to reimbursement as an Operating Expense) and replace (at its Landlord’s sole cost and expense, make all necessary capital and non-capital repairsnot to be passed through as an Operating Expense except to the extent otherwise permitted herein), and replacements to (i) the foundations, outer wall, roof and other structural components portions of the Building, (ii) Building and the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the BuildingFacility. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the following within the Premises: interior windows, window coverings, doors, or door hardware. Landlord’s maintenance, repair and replacement activities shall be at a level substantially similar to the Leased Premiseslevel of maintenance, including ceiling tile replacement, light bulb repair and replacement in the Common Areas, door repairs and repair standards of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvanceComparable Buildings. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area11.2.2 Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number perform all needed repairs to and replacements of keys and electronic key cards for the Leased Premises and exterior windows in the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordPremises; provided, however, that Tenant shall reimburse Landlord for the full cost of repairs or replacements needed because of damage caused by the negligence or willful misconduct of Tenant or any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an AdvanceTenant Party. Upon not less than one business days’ notice to LandlordAlso, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination shall not be obligated to perform repairs for which ▇▇▇▇▇▇ has expressly assumed responsibility under other provisions of this Lease, . Tenant shall return all such keys hereby acknowledges that the foregoing description of certain obligations and electronic key cards rights of Landlord is not intended to limit or restrict Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes ’s rights under other provisions of this Lease; provided Landlord’s prior written consent Lease to reimbursement for the additional security system shall (i) be deemed to have been granted costs and (ii) not be conditioned upon a requirement for Tenant to remove the sameexpenses incurred in connection with such matters. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at Except where repairs are required to be made by Tenant or when caused by the negligence or intentional acts or omissions of Tenant or its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, employees or invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components but subject to Section 23 of the Building or the Leased Premises described in, or contemplated by, this subsectionLease, Landlord shall cause them perform the following maintenance and repairs, restorations or replacements to be repaired or replacedthe Premises, and to the Building and the Project to the 44 <PAGE> extent required for Tenant's use of the Premises: Landlord shall maintain, repair and replace, as necessary, and keep in good order, safe and clean condition (i) the plumbing, sprinkler, HVAC, electrical and mechanical lines and equipment associated therewith (except such portions thereof which were specifically installed for Tenant other than Landlord's Work and Tenant's Work), elevators and boilers, broken or damaged glass, and damage by vandals; (ii) fluorescent lighting fixtures and bulbs, both within the Premises and in the common areas and facilities, (iii) utility and trunk lines, tanks and transformers and the interior and exterior structure of the Building, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns and window frames; (iv) any walls, ceilings and, subject to ordinary wear and tear, floor coverings (including carpets and tiles) in the common areas and facilities, and maintenance of walls, ceilings and floor coverings within the Premises if and to the extent such maintenance is performed by Landlord under Landlord's Building-wide maintenance and repair program for tenant premises; (v) improvements to the Property, including landscaping and fencing; and (vi) the common areas and facilities located within or outside the Building, including the common entrances, corridors, interior and exterior doors and windows, loading docks, elevators, stairways, laboratory facilities and parking areas and access thereto. Tenant shall perform all other maintenance and repairs in the Premises; provided Tenant may request that Landlord perform such maintenance in which event Tenant shall pay Landlord directly for the cost thereof but such cost shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samean Operating Expense. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord will, except as otherwise expressly provided herein as to Tenant's obligations, maintain and keep in good repair (a) Landlord shallincluding replacement when necessary), and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall Appurtenances, including the main lobbies and lobbies on multi-tenant floors, elevators, electrical lines, plumbing fixtures not part of Tenant's Leasehold Improvements, heating, ventilating and air-conditioning equipment not part of Tenant's Leasehold Improvements, landscaping, restrooms, outside walls, windows, the roof, gutters and downspouts, sanitary sewers, the Parking Garage and lights, the sidewalks, the common area and all other structural parts of the Building. Landlord will keep the driveways, serviceways and walkways reasonably require for its owners free of snow, ice and employees. Within ten (10) days after receipt of an invoice therefor from Landlorddebris, Tenant shall reimburse Landlord for any cost incurred and keep all other equipment used to provide the services furnished by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advanceunder this Section in good repair. Upon not less than one business days’ notice to LandlordAt Tenant's sole cost, Landlord will deactivate make repairs necessitated by reason of the negligence or omission or wilful misconduct of Tenant, Tenant's agents, employees or invitees, or by reason of the failure of Tenant to perform or observe any electronic key card specifically identified by Tenant as having been lost. Upon expiration condition or earlier termination of agreement contained in this Lease, or caused by alterations, additions or improvements made by Tenant, Tenant's agents, employees or invitees. Landlord is not in any way liable to Tenant shall return all for failure to make repairs herein required of Landlord unless Tenant has previously notified Landlord, in writing, of the need for such keys repairs and electronic key cards Landlord fails to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any make such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes repairs within a reasonable period of this Lease; provided Landlord’s prior time following receipt of Tenant's written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samenotice. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallExcept to the extent otherwise expressly provided elsewhere in this Lease, and at its sole excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (including the above-ceiling distribution thereof, the cost of which above-ceiling distribution repairs shall be included as part of Operating Expenses, the mechanical rooms and expensethe stairwells (exclusive of Tenant’s security system)) in good condition and repair, make all necessary capital and non-capital repairsin accordance with standards generally comparable to those observed in Comparable Buildings (but in no event shall such standards fall below those standards set forth in Exhibit D attached hereto), and replacements in compliance all with applicable Laws, and so as not to (i) the foundationsdeprive Tenant of its use and enjoyment, outer wallor materially adversely impair Tenant in its herein-allowed use and enjoyment, roof and other structural components of the Building, (ii) Premises or the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the Leased following within the Premises: interior windows, including ceiling tile replacementwindow coverings, light bulb replacement in the Common Areasdoors, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancehardware. (b) Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, Landlord shall arrange for perform all needed repairs to and supervise rubbish removalreplacements of the exterior windows in the Premises; provided, snow removalhowever, lawn and landscaping service, maintenance and repair that Tenant shall reimburse Landlord for the Common Areasfull cost of repairs or replacements needed because of damage caused by the gross negligence or willful misconduct of Tenant or any Tenant Party (only to the extent that the proceeds (if any) of insurance payable under the applicable policy shall be insufficient). Also, including Landlord shall not be obligated to perform repairs for which Tenant has expressly assumed responsibility under other provisions of this Lease. Tenant hereby acknowledges that the sidewalksforegoing description of certain obligations and rights of Landlord is not intended to limit or restrict Landlord’s rights under other provisions of this Lease to reimbursement for costs and expenses incurred in connection with such matters. Notwithstanding anything to the contrary contained in this Subsection 11.2, driveways in the event Landlord, for any reason, fails to commence and parking areadiligently pursue completion of any repairs required to be made by Landlord under this Section 11 within a period of thirty (30) days after Tenant delivers written notice to Landlord of the need for such repairs, (a) Rent shall be equitably abated commencing upon the date of Tenant’s delivery of Tenant’s notice to Landlord regarding Landlord’s failure to commence and/or diligently pursue such repairs in such thirty (30) day period, and (b) Tenant shall have the right to make such repairs which are non-structural, which do not affect the exterior of the Building and which do not adversely affect the Base Building’s Systems; provided, however, that in the event any such failure by Landlord to perform required repairs constitutes an Adverse Condition (as applicabledefined in Subsection 17.4 below), serving the BuildingTenant’s abatement rights shall be governed by Subsection 17.4. (c) In the event Tenant exercises its right to repair as set forth in the immediately preceding sentence, Tenant shall provide to Landlord (or to any “Qualified First Mortgagee,” which shall mean and refer to any first mortgagee of the Building, the identity and address of which has been provided to Tenant in writing prior thereto) with a reasonably particularized invoice for such repair. To the extent Landlord agrees with such invoice or does not provide Tenant with written notice of its dispute with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant invoice, Landlord shall reasonably require for its owners and employees. Within ten pay such invoice within thirty (1030) days after of receipt of an invoice therefor from Landlord, Tenant shall reimburse same. To the extent Landlord for any cost incurred by Landlord fails to replace any lost key or electronic key card make such payment and fails to provide a written objection defending such failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all within such keys and electronic key cards to Landlord. In additionthirty (30) day period, Tenant shall have the right to install offset the amount of such invoice plus interest at the Interest Rate against Rent; provided, however, that it is hereby deemed in this Lease that, with respect to any additional security system for right of offset in favor of Tenant, notices which must be delivered to Landlord must also be delivered to any Qualified First Mortgagee, which Qualified First Mortgagee shall have the Leased Premises at right to act on behalf of Landlord if Landlord fails to respond as required of Landlord in this Subsection 11.2. If, within thirty (30) days of Landlord’s receipt of such invoice Landlord provides Tenant with written notice of its sole cost and expense and any dispute of such installation invoice, the matter shall constitute an Alteration (as defined be referred to arbitration in Section 6.2 hereof) for purposes of accordance with the Exhibit F attached to this Lease; provided . Any award in favor of Tenant not paid to Tenant within thirty (30) days of Landlord’s prior written consent for the additional security system receipt thereof shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for entitle Tenant to remove offset the sameaward against the next due payment of Rent. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) Landlord shall be responsible for all investigation, remediation, and monitoring required by law for (1) the foundations, outer wall, roof Underground Contamination (and other structural components any additional Hazardous Materials existing on the Premises as of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination Commencement Date of this Lease, (2) any Hazardous Materials released, emitted, discharged, or stored by Landlord or its agents, employees, or other tenants of the Complex, (3) any Hazardous Materials released, emitted, or discharged on or about the Premises from any other source after the Commencement Date, except to the extent that the Hazardous Materials in question were released, emitted, or discharged by Tenant shall return all such keys and electronic key cards to Landlordor its agents, employees, contractors or subtenants. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for For purposes of this Lease; provided Landlord’s prior written consent for , “Hazardous Materials” shall mean any substance which has the additional security system shall (i) be deemed capacity to have been granted and cause death, injury or illness to man through ingestion, inhalation, or absorption through any body surface.) (ii) not be conditioned upon a requirement for Landlord shall indemnify and hold Tenant harmless from any claims or costs, including reasonable attorneys fees, arising from or related to remove (a) any Hazardous Materials released, emitted, discharged, stored or used by landlord or its agents, employees or contractors, or other tenants of the sameComplex or (b) any Hazardous Materials present from any cause on or about the Premises on the Commencement Date of the Lease (including, without limitation, the Underground Contamination), except to the extent such Hazardous Materials were released by Tenant. (diii) Landlord shall indemnify Tenant acknowledges that it has inspected as provided above only for out-of-pocket costs and expenses and not for any consequential damages and incidental damages, including loss of profits and loss of rental value of the Leased Premises leasehold; except to the extent such damages result from Landlord’s willful failure to fulfill its obligations (specifically excluding good faith disputes with Tenant or government agencies regarding the scope and timing of Landlord’s obligation). (iv) Any limitation on recovery against Landlord with respect to Hazardous Materials (including the mechanicallimitation on recovery of consequential damages, electricalloss of profits and loss of rental value) shall not affect Tenant’s right to pursue any third parties, plumbing and heatingincluding Indemnitor (as defined herein). Upon demand from Tenant, ventilation and air conditioning systems serving Landlord will assign to Tenant any claims Landlord may have against any third parties, including Indemnitor relating to the Leased Premises and agrees losses, costs, expenses, lost profits, liabilities or claims which Tenant may incur or which may be asserted against Tenant with respect to accept Hazardous Materials. (v) Landlord shall impose upon all other tenants restrictions on the same use of Hazardous Materials at least as strict as those contained in their “as is” condition, without warranty of any kindthis Lease.

Landlord’s Obligations. (ai) Landlord shall, at all times during the Lease Term, maintain in good condition and at its sole cost repair (a) the Outside Areas (including the parking lot surfaces, sidewalks, landscaping and expenseall outdoor facilities, make all necessary capital but excluding any of Tenant's property located therein), the foundation, roof structure (including the roof membrane), load-bearing and non-capital repairsexterior walls of the Building, (b) the HVAC equipment and (c) mechanical and electrical systems and plumbing, pipes, and drains, to the extent the items described in clauses (b) and (c), serve both the Leased Premises and other portions of the Property. Landlord shall hire a licensed HVAC contractor to inspect and perform required maintenance on the HVAC equipment and systems serving the Leased Premises and/or the Building on a quarterly basis. Landlord shall also hire a licensed roofing contractor to regularly and periodically inspect and perform required maintenance on the roof of the Building on a semi-annual basis. Landlord shall keep the Outside Areas in a clean condition. Landlord shall regularly and periodically sweep and clean the driveways and parking areas within the Outside Areas. Unless necessitated by the negligence or willful misconduct of Tenant or any of the Tenant Parties, Landlord shall make any necessary (x) structural repairs or structural replacements to the Leased Premises and (y) repairs or replacements to (i) any fire alarm and communication system in the foundations, outer wall, roof and other structural components of the BuildingLeased Premises installed by Landlord, (ii) any sprinkler system installed by Landlord in the Common Areas, Leased Premises and (iii) Building mechanicalthe Outside Areas (exclusive of any of Tenant's property located therein); provided, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair if any of window treatment mechanicals. Notwithstanding the foregoing are necessitated by the negligence or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, willful misconduct of Tenant or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordParties, Tenant shall reimburse to Landlord for any as Additional Rent, within thirty (30) days of receipt of the applicable invoices, the cost incurred by Landlord in connection therewith. Subject to replace the Warranty Period and Paragraph 13.12(c), the provisions of this subparagraph (b)(i) shall in no way limit the right of Landlord to charge to Tenant, as Additional Rent pursuant to Article 3, the costs incurred by Landlord in performing such maintenance and/or inspections, and/or in making such repairs or replacements. All services provided, and all maintenance of the Building and the Outside Areas performed, by Landlord pursuant to the terms of this Lease shall be of a quality level consistent in all material respects with the standards from time to time applicable to the operation of similar buildings in the submarket where the Property is located. (ii) If Landlord shall fail to commence any lost key repair obligations required under Paragraphs 2.4 or electronic key card 5.l(b)(i) above within thirty (30) days following T▇▇▇▇▇'s written request for such repairs and failure thereafter complete such repairs with commercially reasonable due diligence, except in the case of any emergency repairs (i.e., repairs required to timely do so avoid imminent, physical injury to any person or imminent, physical damage to any of Tenant's property) in which case Tenant shall constitute an Advanceprovide notice as soon as reasonably practicable under the given circumstances and Tenant shall only be permitted to undertake the repair necessary to end the emergency, then Tenant may elect to make such repairs at Landlord's expense by complying with the following provisions of this Paragraph 5.l(b)(ii). Upon not less than one business days’ notice to LandlordExcept in the case of emergency repairs, before making any repairs which are the obligation of Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination under the terms of this Lease, and following the expiration of the applicable cure period set forth above with respect to non-emergency repairs, Tenant shall return deliver to Landlord a notice for the need for such repair ("Self-Help Notice"), which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord fail, within three (3) business days following receipt of the Self-Help Notice, to commence the necessary repair, or to otherwise dispute in good faith the need for such repair or that such repair does not have to be taken by Landlord pursuant to the terms of this Lease, then Tenant shall have the right to make such repair on behalf of Landlord so long as such repair is performed in strict compliance with all such keys Laws and electronic key cards to LandlordRestrictions. In additionthe event Tenant properly takes such action in accordance with this Paragraph 5.l(b)(ii), and such work will affect the Building structure and/or the Building systems (including any Base Building Systems), Tenant shall use a qualified contractor which normally and regularly performs similar work in comparable buildings in the area of the Property. Tenant shall provide Landlord with a reasonably detailed invoice together with reasonable supporting evidence of the costs actually incurred by T▇▇▇▇▇ in performing such repairs. To the extent such costs incurred by Tenant do not otherwise constitute Property Maintenance Costs, Landlord shall either reimburse Tenant for the reasonable costs of such repairs within thirty (30) days following receipt of Tenant's invoice for such costs or deliver a written objection stating with specificity the good-faith reasons Landlord disputes, the need for such repairs, or that such repair is not the obligation of Landlord pursuant to the terms of the Lease, or the costs so incurred are excessive. If Landlord fails to either pay T▇▇▇▇▇'s invoice within such thirty (30) day period or deliver a written objection, Tenant shall have the right to install any additional security system offset such costs against Base Monthly Rent next coming due under this Lease until fully paid, but not in excess of 50% of each monthly installment of Base Monthly Rent. If Landlord delivers to Tenant, within thirty (30) days, a written objection to the payment of such invoice, setting forth Landlord's reasons for its claim that such action did not have to be taken by Landlord pursuant to the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes terms of this Lease; provided , or that in Landlord’s prior written consent 's reasonable and good-faith opinion the repairs were not necessary, or that the costs so incurred are excessive (in which case Landlord shall pay the amount it contends would not have been excessive if the only objection is to the costs incurred), then Tenant shall not be entitled to offset any amount from Base Monthly Rent, but as Tenant's sole and exclusive remedy, the dispute shall be resolved by arbitration pursuant to Paragraph 5.l(b)(iii) below. If Tenant prevails in the arbitration, the amount of the award shall include the amount of Tenant's expenditure, and interest at the Standard Interest Rate (from the time of each expenditure by Tenant until the date Tenant receives such amount by payment or offset) and Tenant's reasonable attorneys' fees and related costs, which shall be paid by Landlord to Tenant no later than ten (10) business days after the date of the award. Tenant shall be responsible for obtaining any required governmental permits before commencing the additional security system repair work, except in the case of emergency. Tenant shall (i) be liable for any damage, loss or injury resulting from its performance of such work. If Landlord prevails in the arbitration, the amount of the award shall include Landlord's reasonable attorneys' fees and related costs and shall be deemed to have been granted Additional Rent hereunder due and owing by Tenant no later than ten (ii10) not be conditioned upon a requirement for Tenant to remove business days after the samedate of the award. (diii) Tenant acknowledges that it has inspected Any dispute or claim under Paragraph 5.l(b)(ii) will be finally settled by binding arbitration in San Jose, California, in accordance with the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same rules of JAMS by one arbitrator appointed in their “as is” conditionaccordance with said rules. The arbitrator shall apply California law, without warranty reference to rules of conflicts of law or rules of statutory arbitration, to the resolution of any kinddispute. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this paragraph, without breach of this arbitration provision.

Landlord’s Obligations. (aA) Subject to the limitations hereinafter set forth, Landlord shallagrees, and at its sole cost and expensewhile Tenant is occupying the Leased Premises, make all necessary capital and non-capital repairs, and replacements to furnish to Tenant (i) the foundations, outer wall, roof water (hot and other structural components cold) at those points of supply provided for general use of tenants of the Building, (ii) the Common Areasheated and refrigerated air conditioning in season, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs janitorial service to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease all such services to the contrary, in the event that be provided at such times as Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or normally furnishes these services to all other components occupants of the Building or and in no event less than the manner and to the extent provided to Tenant at the Leased Premises described in, or contemplated by, immediately prior to the Effective Date of this subsectionLease. In addition, Landlord shall cause them agrees to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for maintain the Leased Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition, except for damage occasioned by Tenant, or its employees, agents or invitees. Landlord reserves the right, exercisable without notice and without liability to Tenant for damage or injury to property, persons or business and without effecting an eviction, constructive or actual, or disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent, to decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Leased Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building as and to interrupt or temporarily suspend Building services and facilities (provided, however, that Landlord shall in all events use Landlord's best efforts to conduct such activities in a manner which will reasonably minimize any interference with and/or impairment of Tenant's use and occupancy of the Leased Premises and Shared Areas for the purposes set forth in this Lease). (B) Without Landlord's prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant shall reasonably not install any new equipment in the Leased Premises which shall require for its owners use electrical current or other utility service in excess of amounts provided to Tenant at the Leased Premises prior to the Effective Date of this Lease or which affects the temperature otherwise maintained by the air conditioning system or otherwise overloads any utility serving the Leased Premises. (C) Landlord shall make available to Tenant facilities to provide all electrical current required by Tenant in its use and employees. Within ten (10) days after receipt occupancy of an invoice therefor from Landlord, Tenant the Leased Premises and further shall reimburse Landlord make available electric lighting and current for any cost incurred the Shared Areas and common areas of the Building in the manner and to the extent reasonably determined by Landlord to replace any lost key or electronic key card be standard (and failure to timely do so shall constitute an Advance. Upon not in no event less than one in effect as of the Effective Date). (D) Heating and air conditioning during other than the normal business days’ notice hours shall be furnished only upon the prior request of Tenant, who shall bear the cost thereof. (E) Failure to any extent to make available, or any slow-down, stoppage or interruption of, or any change in the quantity, character or availability of the above described services, resulting from any cause, shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant or (except as set forth below) work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if such failure, stoppage or slowdown of defined services is caused by Landlord's gross negligence, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration willful misconduct or earlier termination intentional breach of this Lease, Tenant shall return be entitled to any and all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises remedies provided at its sole cost and expense and any such installation shall constitute an Alteration (as defined law or in Section 6.2 hereof) for purposes of equity or under this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon further, however, that any recovery of damages by Tenant as a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty result of any kindsuch failure, stoppage, or slowdown caused by Landlord's gross negligence, willful misconduct or intentional breach of this Lease shall consist only of actual damages, and exclude any and all punitive, consequential, indirect, loss of business, special or incidental damages (however described). Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly.

Landlord’s Obligations. (a) Landlord shallUpon receipt of written notice from Tenant, and ▇▇▇▇▇▇▇▇ agrees to proceed with due diligence, at its sole cost and expense, to make all necessary capital and non-capital any repairs, replacements or renewals to the Structural Elements, provided such repairs, replacements and replacements renewals are not made necessary by any neglect or act of Tenant (which shall be paid by Tenant), other than normal wear and tear and depreciation. Without limiting the foregoing, Landlord intends to (i) replace the foundations, outer wall, roof and other structural components membrane in Year 4 of the BuildingTerm, (ii) at Landlord’s cost, provided if Landlord determines that the Common Areasroof needs to be replaced sooner than during Year 4, then Landlord will replace the roof as and (iii) Building mechanicalwhen so required at Landlord’s cost. All preventative maintenance and repairs of the existing roof shall be made by Landlord, electricalat ▇▇▇▇▇▇’s sole cost and expense as part of Operating Expenses. In addition, plumbingLandlord shall, elevator at Tenant’s expense to be billed to Tenant monthly as “Operating Expenses” as provided herein, maintain, repair and replace all utility lines running outside of the exterior walls and roof, all HVAC systems, fire/life safety systems, electrical and plumbing systems servicing of the Building. Landlord shall additionally make certain minor ordinary course repairs to Leased Premises and all drive aisles, driveways, walks, parking areas and landscaping and lighting and irrigation systems at the Leased Premises, including ceiling tile replacement, light bulb replacement in periodic removal of graffiti and periodic repainting of the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior walls of the Building or and periodic slurry coating and striping of the Leased Premises described inparking areas, or contemplated byprovided however, this subsectionany capital expenditures, Landlord including, but not limited to, the replacement of parking areas, drive aisles, HVAC system(s), etc. that are a part of Operating Expenses shall cause them to be repaired or replaced, as necessary, and amortized on a straight line basis over the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) useful life thereof. Landlord shall provide Tenant with such number monthly estimates of keys estimated Operating Expenses which Tenant shall pay to Landlord During any period of repair by Landlord, Rent shall be abated if, and electronic key cards for to the extent, that Tenant’s use of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameis restricted. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Subject to Section 2.4 (a) Landlord shallCondition of Premises), and at its sole cost Articles 10 (Casualty) and expense11 (Condemnation), make all necessary capital Landlord shall maintain in good condition, reasonable wear and non-capital repairstear excepted, and replacements to (i) repair and replace as needed the foundations, outer wall, roof and other structural components portions of the BuildingBuilding (including, but not limited to, the exterior walls, under-flooring and roof), the base building facilities (ii) the Common Areasincluding lighting, and (iii) Building HVAC, plumbing, mechanical, electrical, plumbingfire/life safety systems and generators serving the Building except if the system or equipment was installed or modified by or for Tenant, elevator in which case it will be Tenant’s responsibility and HVAC systems servicing at Tenant’s sole cost), and the BuildingCommon Areas. If any such maintenance and repair to any part of the Real Property which Landlord is obligated to maintain is required because of the acts or omissions of Tenant or Tenant’s Authorized Representatives, Landlord shall perform such maintenance and repair at Tenant’s sole cost. Tenant waives the benefit of any statute, ordinance or judicial decision now or hereafter existing which permits Tenant to make repairs at Landlord’s expense. Landlord shall additionally make certain minor ordinary course repairs not be liable to the Leased PremisesTenant, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and Rent shall not be abated and Tenant shall not recover money damages from Landlord for any failure by Landlord to maintain and repair areas that are being used in connection with construction of window treatment mechanicalsimprovements, or for any failure to make any repairs or perform any maintenance. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantalso not be liable under any circumstances for loss of profits or for injury to or interference with ▇▇▇▇▇▇’s business arising from or in connection with the making of or the failure of Landlord to make any repairs, maintenance, alterations or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged improvements to any of, the structures, systems, improvements or other components portion of the Building or the Leased Premises described inCommon Areas or in or to fixtures, or contemplated byappurtenances and equipment therein, this subsection, but Tenant may exercise a specific performance remedy against Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancea result thereof. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make Sublandlord hereby grants to Subtenant the right to receive all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, services and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs benefits with respect to the Leased Premises, including ceiling tile replacement, light bulb replacement in Subleased Premises which are to be provided by Landlord under the Common Areas, door repairs and repair of window treatment mechanicalsMaster Lease. Notwithstanding the foregoing or anything contained elsewhere in this Lease Subtenant agrees that Sublandlord shall not be required to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged perform any of, the structures, systems, improvements or other components of the Building or covenants, agreements and/or obligations of Landlord under the Leased Premises described inMaster Lease and, or contemplated byinsofar as any of the covenants, this subsection, Landlord shall cause them agreements and obligations of Sublandlord hereunder are required to be repaired or replacedperformed under the Master Lease by Landlord thereunder, as necessary, Subtenant acknowledges and the cost thereof agrees that Sublandlord shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse be entitled to look to Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlordperformance. In addition, Tenant Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the right Master Lease with respect to install this Sublease. Sublandlord shall not be responsible for any additional security system failure or interruption, for any reason whatsoever, of the Leased Premises services or facilities that may be appurtenant to or supplied at its sole cost the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and expense cleaning service, if any; and no failure to furnish, or interruption of, any such installation services or facilities shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall give rise to any (i) be deemed to have been granted and abatement, diminution or reduction of Subtenant’s obligations under this Sublease except as otherwise provided herein or in the Master Lease, or (ii) liability on the part of Sublandlord. Notwithstanding the foregoing, Sublandlord shall use commercially reasonable efforts to secure such performance upon Subtenant’s request to Sublandlord to do so, and, if and to the extent Sublandlord’s rent abates under the Master Lease for any reason, including, but not be conditioned upon a requirement limited to, loss of services from Master Landlord, impaired access to the Premises, or impaired occupancy of the Premises due to casualty or condemnation, then to the extent any rent abatement applies to the Subleased Premises, Subtenant’s Base Rent shall ▇▇▇▇▇ for Tenant to remove the sameportion of the Subleased Premises affected by such event. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Except as otherwise noted in this Section 11.1, Landlord shall, at Landlord's sole cost and expense, make all capital repairs and replacements required to be made to (a) Landlord shallthe roof, exterior walls and foundation of the building that is now part of the Premises or that may hereafter be constructed and become part of the Premises, or (b) the heating, cooling, ventilating, and all other mechanical equipment; the water, sewer, plumbing, and electrical systems; provided, however, that Landlord's obligation herein shall not extend to any damage, disrepair or replacement caused or required by Tenant's neglect or fault, which damage, disrepair or replacement shall be repaired by Landlord and charged to Tenant as additional rent. The provisions of this Section 11.1 shall not apply, however, in the event of and to the extent of any damage or destruction by fire or other casualty or a taking by condemnation by any competent authority, in which events the obligation of Landlord shall be controlled as hereinafter otherwise provided in this Lease. Except as provided in this Section 11.1, Landlord shall not be obligated to make repairs, replacements, or improvements of any kind upon the Premises whether such repairs, replacements, or improvements to the Premises are interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen, all of which repairs, replacements, or improvements shall be the responsibility of Tenant as provided in this Lease. Notwithstanding any of the foregoing provisions of this Section 11.1 to the contrary, if structural repairs become necessary during the Lease term because of the application to the business carried on by Tenant of any law, ordinance, rule or regulation of any regulatory body, or because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other system in the building, Tenant shall make such structural repairs at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components after first obtaining Landlord=s written approval of the Buildingplans and specifications and furnishing such indemnification against liens, (ii) the Common Areascosts, damages and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. expenses as Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall may reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerequire. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. A. Landlord will furnish to Tenant at Landlord's cost and expense: (ai) water at those points of supply provided for the general use of tenants of the Building; (ii) heated and refrigerated air conditioning in season, at such times as Landlord shalldetermines, and at its sole cost such temperatures and expensein such amounts as reasonably considered necessary by Landlord. Service of such conditioning on Sundays, make all necessary capital and non-capital repairsSaturdays, and replacements to (i) holidays are optional on the foundations, outer wall, roof and other structural components part of the Building, (ii) the Common Areas, and Landlord. (iii) janitorial services to the premises on weekdays other than holidays and such window washing as may from time to time in Landlord's judgment be reasonably required. Any person employed by Landlord to do janitorial work while in the Building mechanicalis subject to and under the control and direction of the employer of the janitorial company and does not act as an agent or employee of the Landlord. (iv) operatorless passenger elevators for ingress and egress to the floor on which the premises are located, electrical, plumbing, elevator and HVAC systems servicing the Buildingin common with other tenants. Landlord shall additionally make certain minor ordinary course repairs reserves the right to regulate at all times the Leased Premises, including ceiling tile replacement, light bulb replacement number of elevators that will be operated in the Common AreasBuilding and shall never be held liable for any claim arising in consequence of the use, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenantnon-use, or Tenant’s ownersnumber thereof. Landlord also reserves the right to stop the elevators at any time in cases of breakage, agentsrepair, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused replacement of machinery or otherwise damaged any of, the structures, systems, improvements emergency or other components accident. (v) replacement of Building standard light fixtures; and (vi) electric lighting for all public areas and special service areas of the Building in a manner and to the extent deemed by the Landlord to be reasonable. B. Landlord shall furnish Tenant all electrical current required by Tenant in a normal office use, occupancy of the premises. If there is any consumption or the Leased Premises described inuse of electricity for anything other than small office machines and lighting, Tenant agrees to pay Landlord's cost for any such excess or additional electricity, which shall be collectible as additional Rent unless otherwise agreed to hereinafter. C. Failure to furnish, stoppage, or contemplated byinterruption of these services resulting from any cause shall not render Landlord liable in any respect for damages to either person, this subsectionproperty or business, or be construed as an eviction of Tenant, work an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall cause them use reasonable diligence to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kindpromptly.

Landlord’s Obligations. (a) Landlord shall, and shall at its sole cost expense maintain in ----------------------- good order, condition and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components parts of the Building, which are agreed to consist only of the foundation and subflooring of the Building, the roof structure, exterior walls, and the interior bearing or structural walls (iiexcluding, however, interior wall surfaces), except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's Agents, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant's Agents; provided, however, (a) Tenant shall reimburse Landlord as an Operating Expense pursuant to Paragraph 17.C. for Landlord's cost of maintaining, repairing and replacing the Common Areasroof membrane and covering and Landlord's cost of maintaining, repairing, and painting the surfaces of the exterior walls of the Building, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within reimburse Landlord, within ten (10) days after Tenant's receipt of an invoice therefor from therefor, for all Landlord's cost of maintenance, Tenant shall reimburse Landlord for repair or replacement of the roof structure and the roof membrane and covering required as a result of the installation and operation of any cost incurred by of Tenant's equipment installed on the roof, including, without limitation, HVAC units and related equipment. It is an express condition precedent to all obligations of Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, repair that Tenant shall have notified Landlord of the need for such repairs. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to install any additional security system for make repairs and deduct the Leased Premises at its sole cost and expense and any expenses of such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of repairs from the Rent due under this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallLandlord’s only obligations during the Lease Term and any Option Term with respect to the physical condition and repair of the Premises will be the obligations set forth in Articles XI and XIII of this Lease and the obligation to replace as necessary, the structural elements of the roof (expressly excluding the roof membranes), foundations, floor slabs (expressly excluding the floor coverings), load-bearing walls and columns, exterior walls (expressly excluding the interior demising walls and any interior wall coverings), and at its sole cost exterior glass and expense, make all necessary capital and non-capital repairsexterior windows of the Premises and/or parking structures, and the Major Mechanical Equipment (collectively, “Landlord Capital Improvements”). (b) Landlord, notwithstanding the above provisions, will not be required to make replacements required under this Section 7.1 to any portion of the Premises which are made necessary, by or result from: (i) damage caused by Tenant, or any Tenant-Related Party, or by vandalism, which shall be the foundations, outer wall, roof and other structural components responsibility of the BuildingTenant, (ii) damage caused by the Common Areasfailure of Tenant to comply with its obligations under this Lease, (iii) damage caused by the use of any Landlord Capital Improvement by Tenant or any Tenant-Related Party for any purpose for which such Landlord Capital Improvement was not designed or constructed or in a manner that exceeds the physical capability or capacity of such Landlord Capital Improvements, (iv) damage caused by any Alteration made by or on behalf of Tenant or (v) fire or other casualty or condemnation, which shall be governed by the provisions of Article XI and Article XIII hereof, respectively. (c) All work described in this Section 7.1 required to be performed by Landlord shall be performed by Landlord (i) in a reasonably prompt manner following Landlord’s receipt of Tenant’s written notice describing the nature of the replacements needed in reasonable detail, or otherwise following Landlord determining the need for any such replacement, as applicable, (ii) shall be performed in accordance with all applicable Legal Requirements, in a good and workmanlike manner and in a manner so as not to damage the Premises or the components thereof, and (iii) Building mechanicalby contractors and subcontractors selected by Landlord. Before undertaking any work described in this Section 7.1, electricalLandlord’s contractors and subcontractors shall be required to deliver certificates of insurance evidencing commercially reasonable amounts of commercial general liability insurance coverage (based on the scope of work to be performed), plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. naming Tenant as an additional insured thereunder. (d) Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event and to the extent the Premises is rendered untenantable (as defined in Section 5.3.4) and Tenant is unable to use or occupy the Premises for more than three (3) consecutive business days as a result of any restoration, remediation or replacement obligations that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, are designated under this subsection, Landlord shall cause them Lease as obligations to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred performed by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of under this Lease, then Rent due under this Lease by Tenant with respect to and to the extent of the untenantable portion of the Premises shall return all ▇▇▇▇▇ thereafter until such keys time as the affected portion(s) of the Premises are returned to a tenantable condition, and electronic key cards to Landlord. In addition(ii) in the event fifty percent (50%) or more of the Premises is rendered untenantable for a period of one hundred eighty (180) consecutive days as a result of any such repairs or maintenance, then Tenant shall have the right to install terminate this Lease by providing written notice to Landlord at any additional security system for time after the Leased expiration of said 180-day period but prior to the date the Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed are returned to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sametenantable condition. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Upon receipt of written notice from Tenant, Landlord shallagrees to proceed with due diligence, and at its sole cost and expense, to make all necessary capital and non-capital any repairs, replacements or renewals to the Structural Elements, provided such repairs, replacements and replacements renewals are not made necessary by any neglect or act of Tenant (which shall be paid by Tenant), other than normal wear and tear and depreciation. Without limiting the foregoing, Landlord intends to (i) replace the foundations, outer wall, roof and other structural components membrane in Year 4 of the BuildingTerm, (ii) at Landlord’s cost, provided if Landlord determines that the Common Areasroof needs to be replaced sooner than during Year 4, then Landlord will replace the roof as and (iii) Building mechanicalwhen so required at Landlord’s cost. All preventative maintenance and repairs of the existing roof shall be made by Landlord, electricalat Tenant’s sole cost and expense as part of Operating Expenses. In addition, plumbingLandlord shall, elevator at Tenant’s expense to be billed to Tenant monthly as “Operating Expenses” as provided herein, maintain, repair and replace all utility lines running outside of the exterior walls and roof, all HVAC systems, fire/life safety systems, electrical and plumbing systems servicing of the Building. Landlord shall additionally make certain minor ordinary course repairs to Leased Premises and all drive aisles, driveways, walks, parking areas and landscaping and lighting and irrigation systems at the Leased Premises, including ceiling tile replacement, light bulb replacement in periodic removal of graffiti and periodic repainting of the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components exterior walls of the Building or and periodic slurry coating and striping of the Leased Premises described inparking areas, or contemplated byprovided however, this subsectionany capital expenditures, Landlord including, but not limited to, the replacement of parking areas, drive aisles, HVAC system(s), etc. that are a part of Operating Expenses shall cause them to be repaired or replaced, as necessary, and amortized on a straight line basis over the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) useful life thereof. Landlord shall provide Tenant with such number monthly estimates of keys estimated Operating Expenses which Tenant shall pay to Landlord During any period of repair by Landlord, Rent shall be abated if, and electronic key cards for to the extent, that Tenant’s use of the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameis restricted. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and Landlord's expense, make keep in good condition, order and repair all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components elements of the Building, including the foundation, floors and subfloors (iibut not floor coverings) and exterior and load bearing walls and columns of the Common AreasBuilding (excluding the interior of all walls and the exterior and interior of all windows, doors, plate glass, and show cases), and the structural portions of the exterior roof of the Building (iii) Building mechanicalexcept that Tenant shall repair at Tenant's expense any damage, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premisesextent the cost thereof is not actually reimbursed or paid for by insurance, caused by the activities of Tenant, ▇▇▇▇▇▇'s HVAC maintenance service contractor, and/or Tenant's other agents or contractors on the roof, including ceiling tile replacementbut not limited to the installation of air conditioning equipment and/or duct work, light bulb replacement in the Common Areasor other roof penetrations, door repairs and repair of window treatment mechanicalsimproper flashing or caulking, and any damage to exposed air conditioning equipment and duct-work installed by or for Tenant). Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrarycontrary in Paragraph 8.1 above, in the event that a full replacement of the roof membrane installed on the Building is required, such full replacement shall be performed by Landlord at Landlord's sole cost. Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsectionexercise reasonable diligence in performing such repairs as soon as practicable. However, Landlord shall cause them have no obligation to make repairs under this Paragraph 8.2 until a reasonable time after ▇▇▇▇▇▇▇▇'s receipt of written notice from Tenant of the need for such repairs or Landlord otherwise acquires knowledge of such need. Except as otherwise specifically provided herein, there shall be repaired no abatement of rent or replaced, as necessaryother sums payable by Tenant prior to or during any repairs by Tenant or Landlord, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange Tenant waives all claims for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number loss of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord business or lost profits relating to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samerepairs. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. During the entire Term (a) including any Option Periods), Landlord shall, and at its at, except as otherwise provided herein, Landlord's sole cost and expenseexpense (and not as an Operating Expense), make all necessary capital repair, maintain and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replacedreplace, as necessary, the following structural elements of the Building and Premises: structural walls, foundations, concrete subflooring, roof, underground utilities, windows and seals and all central mechanical (if any) and electrical systems (if any) (collectively, "Structural Elements"). Except for the obligations of Landlord under this paragraph, Landlord's obligation to maintain, as an Operating Expense, the Building and the Common Areas of the Development, Landlord's obligations under Paragraph 20 relating to damage or destruction of the Premises, or under Paragraph 21 relating to eminent domain, it is intended by the parties that Landlord have no obligation of any kind whatsoever, (i) to repair or maintain the Premises other than the Structural Elements, all of which obligations are intended to be Tenant's obligations, or (ii) to pay any other cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removalor expense whatsoever directly or indirectly relating to the ownership, snow removalmanagement, lawn and landscaping servicelease, operation or use of the Premises. Notwithstanding the foregoing, to the extent such repairs, maintenance and repair for or replacements are required as a result of any act, negligent, fault or omission of Tenant or any of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordParties, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice pay to Landlord, Landlord will deactivate as Additional Rent, the actual and reasonable cost of any electronic key card specifically identified by such maintenance, repairs or replacements. Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have waives the right to install make repairs at Landlord's expense under any additional security system for law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the Leased extent the Premises at its sole cost are located in California, the provisions of California Civil Code Sections 1941 and expense 1942 and any such installation successor statutes or laws of a similar nature). Landlord shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes also repair any damage caused by the negligence or willful misconduct of this Lease; provided Landlord or Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same's employees, agents or contractors. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord shall maintain, repair, replace and keep in good operating condition, comparable to similar properties in the Fairfax, Virginia area, the Common Areas (aas defined in Section 39 below) Landlord shall(including, without limitation, the lobbies, elevators, stairs, grounds, loading areas and at its sole cost and expensecorridors), make all necessary capital and non-capital repairsthe roofs, and replacements to (i) the foundations, outer wallload-bearing elements, roof conduits and structural walls and other structural components elements of the Building, (ii) the Common Areasunderground utility and sewer pipes of the Building, and (iii) Building all base building mechanical, electrical, plumbing, elevator HVAC system and HVAC systems servicing the Building. Landlord sprinkler system and other fire and life-safety systems, and the adjacent parking structure and connector, the cost of which shall additionally make certain minor ordinary course repairs be included within Operating Costs except to the Leased Premisesextent set forth in Section 9.6, including ceiling tile replacementhereof, light bulb replacement in the Common Areasprovided that, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in extent the event that Landlord shall reasonably determine that Tenant, need for any such repairs or replacements arise as a the result of the gross negligence or willful misconduct of Tenant (or Tenant’s ownersagents, agentsemployees, contractors, directorsinvitees (while within the Premises), officers, employees, guests, invitees, customers assignees or licensees, shall have committed waste upon, abused or otherwise damaged any ofsub-tenants) and the same is not covered under the policies of casualty insurance which are required to be carried by the parties pursuant to this Lease (in which case the proceeds of such insurance will be utilized to satisfy the cost thereof), the structurescost of such repairs or replacements shall be reimbursable by Tenant to Landlord as Additional Rent under this Lease, systemsand such reimbursement shall be due not later than thirty (30) days after Landlord’s written demand therefore. Landlord, improvements at its cost and expense (or other components at the expense of Landlord’s contractor, but in any event not as an Operating Cost), upon prior notice from Tenant shall promptly repair or replace all materials, workmanship, fixtures or equipment incorporated by Landlord in the Building or the Leased Premises described inthat shall prove to be defective during any applicable warranty period. In performing any warranty work pursuant to this Section 7.1, or contemplated by, this subsectionLandlord and its contractors and subcontractors shall use reasonable efforts to minimize disruption to Tenant. Subject to reimbursement as an Operating Cost pursuant to Section 9 hereof (if applicable), Landlord shall comply or cause them compliance with all notices it receives of violation of Legal Requirements (as hereinafter defined) that are applicable to be repaired the operation of the common and public areas in the Building and to the machinery and equipment provided by Landlord or replacedused by its agents or contractors in the design, as necessaryconstruction, or operation of the Building, including those portions of the base Building systems that are contained in or serve the Premises. “Legal Requirements” are all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removalCommonwealth of Virginia, snow removalFairfax County, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number United States of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense America and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for other public or quasi-public authority having jurisdiction over the additional security system shall (i) be deemed Project, including, but not limited to have been granted the Americans with Disabilities Act and (ii) not be conditioned upon a requirement for Tenant regulations promulgated from time to remove time thereunder to the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept extent the same in their “as is” condition, without warranty are applicable to Landlord and/or any portion of any kindthe Project.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shallshall keep the following in good order, condition and repair, at its sole no additional cost and expense, make all necessary capital and non-capital repairs, and replacements to (iTenant in.excess of the Reserves charged pursuant to Section 4,05.(d) below: the foundations, outer wall, exterior walls and roof and other structural elements of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of the Buildingelectrical, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator heating and HVAC air conditioning systems servicing and facilities located in the BuildingProperty which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows (but shall repair any water leaks in window seals and shall wash all exterior windows at lease twice per year), doors, plate glass or the interior surfaces of exterior walls. Landlord shall additionally make certain minor ordinary course repairs to under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the Leased Premises, including ceiling tile replacement, light bulb replacement need for such repairs. If any portion of the Property or any system or equipment in the Common Areas, door repairs and Property which Landlord is obligated to repair of window treatment mechanicals. Notwithstanding the foregoing cannot be fully repaired or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsectionrestored, Landlord shall cause them to promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be repaired or replacedextended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as necessaryextended), and Tenant shall be liable only for that portion of the cost thereof shall constitute an Advance.which is applicable to the Lease Term (as extended). 1988 Southern California Chapter of the Society of Industrial and Office Realtors, Inc. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any cost incurred by Landlord to replace any lost key statute in effect now or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by in the future which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises make repairs at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Property in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallExcept to the extent otherwise expressly provided elsewhere in this Lease, and at its sole excluding any responsibilities expressly delegated to Tenant elsewhere in this Lease, Landlord shall keep the Facility and Building, including the Common Areas and the Base Building Systems (including the above-ceiling distribution thereof, the cost of which above-ceiling distribution repairs shall be included as part of Operating Expenses, the mechanical rooms and expensethe stairwells (exclusive of Tenant’s security system)) in good condition and repair, make all necessary capital and non-capital repairsin accordance with standards generally comparable to those observed in Comparable Buildings (but in no event shall such standards fall below those standards set forth in Exhibit D attached hereto), and replacements in compliance all with applicable Laws, and so as not to (i) the foundationsdeprive Tenant of its use and enjoyment, outer wallor materially adversely impair Tenant in its herein-allowed use and enjoyment, roof and other structural components of the Building, (ii) Premises or the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs not, however, be obligated to maintain, repair, or replace any of the Leased following within the Premises: interior windows, including ceiling tile replacementwindow coverings, light bulb replacement in the Common Areasdoors, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancehardware. (b) Subject to Landlord’s right to reimbursement of certain costs or expenses under other provisions of this Lease, Landlord shall arrange for perform all needed repairs to and supervise rubbish removalreplacements of the exterior windows in the Premises; provided, snow removalhowever, lawn and landscaping service, maintenance and repair that Tenant shall reimburse Landlord for the Common Areasfull cost of repairs or replacements needed because of damage caused by the gross negligence or willful misconduct of Tenant or any Tenant Party (only to the extent that the proceeds (if any) of insurance payable under the applicable policy shall be insufficient). Also, including Landlord shall not be obligated to perform repairs for which Tenant has expressly assumed responsibility under other provisions of this Lease, Tenant hereby acknowledges that the sidewalksforegoing description of certain obligations and rights of Landlord is not intended to limit or restrict Landlord’s rights under other provisions of this Lease to reimbursement for costs and expenses incurred in connection with such matters. Notwithstanding anything to the contrary contained in this Subsection 11.2, driveways in the event Landlord, for any reason, fails to commence and parking areadiligently pursue completion of any repairs required to be made by Landlord under this Section 11 within a period of thirty (30) days after Tenant delivers written notice to Landlord of the need for such repairs, (a) Rent shall be equitably abated commencing upon the date of Tenant’s delivery of Tenant’s notice to Landlord regarding Landlord’s failure to commence and/or diligently pursue such repairs in such thirty (30) day period, and (b) Tenant shall have the right to make such repairs which are non-structural, which do not affect the exterior of the Building and which do not adversely affect the Base Building’s Systems; provided, however, that in the event any such failure by Landlord to perform required repairs constitutes an Adverse Condition (as applicabledefined in Subsection 17.4 below), serving the BuildingTenant’s abatement rights shall be governed by Subsection 17.4. (c) In the event Tenant exercises its right to repair as set forth in the immediately preceding sentence, Tenant shall provide to Landlord (or to any “Qualified First Mortgagee,” which shall mean and refer to any first mortgagee of the Building, the identity and address of which has been provided to Tenant in writing prior thereto) with a reasonably particularized invoice for such repair. To the extent Landlord agrees with such invoice or does not provide Tenant with written notice of its dispute with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant invoice, Landlord shall reasonably require for its owners and employees. Within ten pay such invoice within thirty (1030) days after of receipt of an invoice therefor from Landlord, Tenant shall reimburse same. To the extent Landlord for any cost incurred by Landlord fails to replace any lost key or electronic key card make such payment and fails to provide a written objection defending such failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all within such keys and electronic key cards to Landlord. In additionthirty (30) day period, Tenant shall have the right to install offset the amount of such invoice plus interest at the Interest Rate against Rent; provided, however, that it is hereby deemed in this Lease that, with respect to any additional security system for right of offset in favor of Tenant, notices which must be delivered to Landlord must also be delivered to any Qualified First Mortgagee, which Qualified First Mortgagee shall have the Leased Premises at right to act on behalf of Landlord if Landlord fails to respond as required of Landlord in this Subsection 11.2. If, within thirty (30) days of Landlord’s receipt of such invoice Landlord provides Tenant with written notice of its sole cost and expense and any dispute of such installation invoice, the matter shall constitute an Alteration (as defined be referred to arbitration in Section 6.2 hereof) for purposes of accordance with the Exhibit F attached to this Lease; provided . Any award in favor of Tenant not paid to Tenant within thirty (30) days of Landlord’s prior written consent for the additional security system receipt thereof shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for entitle Tenant to remove offset the sameaward against the next due payment of Rent. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord agrees to reasonably repair and maintain the portions of the Buildings and the portions of the Premises not required to be maintained and repaired by Tenant (a) Landlord shallincluding, and at its sole cost and expensewithout limitation, make all necessary capital and non-capital repairsfloors [excluding floor coverings except to the extent of janitorial services to be provided to the Premises], and replacements to (i) the foundations, outer wallexterior structural walls [excluding the wall coverings], roof and other structural components of the Buildingceilings [excluding ceiling coverings, (ii) the Common Areasbut including Building standard lighting fixtures], and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalksroofs, driveways and parking arealots and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord) in good condition and repair, and shall replace such items as applicableLandlord determines in good faith can no longer be repaired and are resulting in a material adverse effect on Tenant's use of the Premises, serving the Building. (c) except that Landlord shall provide be under no obligation to perform maintenance, repairs or replacements that are: (i) for, or attributable to, items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) or (ii) caused in part or in whole by the act, neglect or omission of any duty by Tenant, its agents, employees or invitees, and Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice will pay to Landlord, as additional rent, the reasonable cost of all maintenance, repairs and replacements described by the preceding clauses (i) and (ii). Landlord will deactivate not be liable for any electronic key card specifically identified failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant Tenant. Except as having been lost. Upon expiration or earlier termination of this Leaseprovided in Paragraph 20, Tenant shall return all such keys will not be entitled to any abatement of rent and, in any event, Landlord will not have any liability by reason of any injury to or interference with Tenant's business (as opposed to property damage or personal injury) arising from the making of any repairs, alterations or improvements in or to any portion of the Buildings or the Premises or in or to fixtures, appurtenances and electronic key cards to Landlordequipment therein. In addition, Tenant shall have waives the right to install make repairs at Landlord's expense under any additional security system for law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the Leased extent the Premises at its sole cost are located in California, the provisions of California Civil Code Sections 1941 and expense 1942 and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes successor statutes or laws of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samesimilar nature). (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. From and after the Lease Date, Landlord will (a) Landlord shall, paint and at its sole cost install carpeting in the lobby and expense, make all necessary capital and non-capital repairs, and replacements to stairwell areas of the first (i1st) the foundations, outer wall, roof and other structural components floor of the Building, (ii) the Common Areas, and (iiib) enclose the area containing the stairwell connecting the second (2nd) and third (3rd) floors of the Building mechanical(collectively, electricalthe “Landlord Work ”). Tenant grants Landlord a license to enter the Premises after the Lease Date to perform the Landlord Work in accordance with this Paragraph ‎2, plumbing, elevator and HVAC systems servicing with the BuildingLandlord Work being conducted simultaneously with the Leasehold Improvements. Landlord shall additionally make certain minor ordinary course repairs will use reasonable efforts to avoid unreasonable interference with ▇▇▇▇▇▇’s construction activities and operations during the performance of the Landlord Work. Tenant acknowledges that, despite ▇▇▇▇▇▇▇▇’s efforts, Tenant may experience interference with and/or interruption of Tenant’s use of the Premises and/or business operations, including from the presence of dirt, dust and odors. Except to the Leased Premisesextent caused by the negligence or intentional misconduct of Landlord or the Landlord’s Agents, including ceiling tile replacementTenant will hold Landlord harmless from any and all claims, light bulb replacement in the Common Areasdamages and liability against Landlord, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, either by Tenant or Tenant’s ownersemployees, agentscustomers, contractors, directorsagents or invitees resulting from the Landlord Work. Except to the extent caused by the negligence or intentional misconduct of Landlord or the Landlord’s Agents, officersTenant releases Landlord from, employeesand waives, guestsany claims Tenant may have relating to any reasonable disruption to Tenant’s operations and/or annoyances caused by the Landlord Work, inviteesincluding, customers without limitation, disruption or licenseesannoyances caused by dirt, shall have committed waste upon, abused or otherwise damaged any of, the structures, systemsdust and/or odors. Landlord and ▇▇▇▇▇▇ agree that all alterations, improvements or other components of and additions made to the Building or Premises according to this Paragraph ‎2 will, without compensation to Tenant, become ▇▇▇▇▇▇▇▇’s property upon installation and will remain Landlord’s property at the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of the Term. Except as expressly set forth in this Work Letter and except as provided in the Lease, Landlord will deliver, and Tenant shall return all such keys will accept, the Premises in its current “AS-IS, WHERE-IS, and electronic key cards to Landlord. In additionWITH ALL FAULTS” condition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it Landlord has inspected made no promises to modify or remodel the Leased Premises, or provide an allowance or further contribution for the same, and no representations concerning the condition of the Premises and or Building have been made by Landlord to Tenant other than as may be expressly stated in the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kindLease.