Common use of Landlord’s Obligations Clause in Contracts

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundationsBuilding Common Area and Common Area, roofincluding the Building Systems and lobbies, perimeter walls stairs, elevators, corridors, restrooms, all exterior landscaping and exterior windows and all structural aspects of serving the Building, and (ii) all nonstructural aspects the roof, foundation and other structural components of the Building which relate to itself, and all Building Systems (including those portions of Building Systems located within the Common Areas Premises) except for damage not insured under Landlord’s insurance policies (excluding normal wear and tear), caused by the negligence or to more than one tenant’s premiseswillful misconduct of Tenant, or which no tenant any assignees or subtenants permitted hereunder, or employees, or agents of Tenant. Any of such repairs necessitated by the Building is required to maintain active or passive negligence, willful misconduct of Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant shall be performed by Landlord, at Tenant’s sole cost and repairexpense. The maintenance for the Building, including all systems without limitation the roof, foundation and facilities necessary for the operation other structural components of the Building and Common Areas and all Building Systems shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord in its sole and absolute discretion, shall determine so long as it is at least comparable to that of other similar buildings in the provision ▇▇▇▇ ▇▇▇▇▇ Airport submarket of services Orange County, California. Tenant shall immediately notify Landlord of any damage to the Premises or any other need for repair to any aspect of the Premises or the Building Property. Subject to Article 12 of this Lease, Landlord shall repair and utilities as maintain with commercially reasonable diligence after notice thereof from Tenant, defects in, and damage to, the Building Systems installed by Landlord and serving or located on the Premises. If such maintenance and repair is required herein (in part or in whole by the active or passive negligence or willful misconduct of Tenant, its agents, employees, or contractors, Tenant shall pay to Landlord the cost of such maintenance and repairs, except to the extent that any Tenant has been relieved of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses such liability under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.Section 11.6

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls Except for repairs and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate replacements to the Common Areas or to more than one tenant’s premisesPremises that TENANT must make under Section 9.1 above, or which no tenant of the Building is required to maintain and repair, including LANDLORD shall make all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except other repairs and/or replacements to the extent that any Premises. LANDLORD shall commence such repairs and/or replacements within thirty (30) days of the foregoing items are installed by or on behalf ofreceiving, or are the property offrom TENANT, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such the repairs and/or replacements. Such repairs, replacements and maintenance shall include without limitation the upkeep of the roof, roof structures and supports, HVAC (excluding TENANT’s maintenance contract), sprinkler system, gutters, downspouts, foundation, exterior walls, storefront, and all structural components of the Premises. LANDLORD shall also repair or otherwise becomes awareand maintain all sidewalks, landscaping and drainage systems on the Property and all utility systems (including mechanical, electrical, and HVAC systems) and plumbing systems which serve the Property as a whole. Landlord LANDLORD shall not be liable for any failure required to maintain the interior surface of exterior walls, windows, doors or plate glass and storefronts. In the event of an emergency, TENANT may give LANDLORD such notice as is practicable under the circumstances, and if LANDLORD fails to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all immediately, TENANT may immediately undertake such repairs or maintenance in such a manner (in its judgment) so as and submit an invoice for the reasonable costs thereof to cause minimum interference with Tenant and LANDLORD for reimbursement. Notwithstanding any provision to the Premises but Landlord contrary, LANDLORD’s obligations under this Section shall not be liable to Tenant for include making (a) any interruption repair or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused improvement necessitated by the negligence or willful misconduct of Tenant or any of Tenant’s TENANT, its agents, contractors, employees, invitees employees or customers, be paid for and performed servants; or (b) any repair or improvement caused by the Tenant (without limiting LandlordTENANT’s other remedies herein). Tenant shall have the right of self-help if Landlord fails failure to fulfill perform its obligations pursuant to the terms of this Leasehereunder or under any other agreement between LANDLORD and TENANT.

Landlord’s Obligations. (a) Except as specifically provided in this Lease, Landlord shall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and Tenant assumes full responsibility for obtaining and paying for all services, facilities and utilities to the Premises. Landlord will maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects casualty insurance as required by Section 7.2 of the BuildingGround Lease. Landlord will repair and maintain the Common Area and the Structural Components in good working order and in a clean, safe and (ii) all nonstructural aspects sanitary condition. All repairs and maintenance performed by Landlord shall be made and performed so that the same shall be comparable in quality, value and utility to the original work or installation and in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupancy of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant Premises by Tenant. Tenant shall notify Landlord in writing of the Building need for any repair or maintenance which is required to maintain Landlord’s responsibility under this Section. The costs of such repair and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which maintenance shall be included in Operating Expenses to the extent provided in Article 5; provided that Tenant shall reimburse Landlord upon written demand for the cost of any repair to the Structural Components or the Common Area which is attributable to the conduct or misuse of Tenant or its Agents. The reimbursement shall be Additional Rent. Tenant hereby waives and releases any right it may have under Article 4)any law, excluding statute or ordinance now or hereafter in effect to make any repairs required which are Landlord’s obligation under this Section. (b) Tenant recognizes and acknowledges that the operation of the Building Systems may cause vibration, noise, heat or cold which may be transmitted throughout the Premises. Landlord shall have no obligation to be made by endeavor to reduce such vibration, noise, heat or cold. (c) Tenant pursuant to this Articleshall contract directly with utility companies for the provision of water, electricity and (except as provided for herein) such other services and utilities as Tenant may require for the use and occupancy of the Premises, and Tenant shall timely pay all charges incurred in connection therewith. Landlord shall have no responsibility or liability in connection with the provision (or failure to make provide) such services or utilities or any repairs unless and until Landlord receives written notice obligation to modify, supplement or replace the Building Systems, Structural Components or any other portion of the need Building or Property to the extent required for Tenant to obtain such repair services or otherwise becomes aware. utilities. (i) Landlord shall does not be liable for warrant that any failure to make repairs services or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice utilities that Tenant may obtain in respect of the need for such repairs Premises (whether from Landlord, a utility company, municipality or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant otherwise, and regardless whether the same are available at the Premises but as of the date hereof or hereafter) will be free from shortages, failures, variations, or interruptions caused by strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies or reasonable substitutes therefor, governmental requirements or restrictions, acts of war or acts of God or other causes beyond Landlord’s reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or, render Landlord shall not be liable to Tenant for any abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or loss of business pertaining to such activities. other consequential damages. (ii) Landlord shall have the right to require that any damage caused use electricity, water and other utilities and services available in the Building, at no cost or charge, to the extent necessary or reasonable for the performance of its obligations or the enforcement of its rights hereunder. (iii) If Tenant requires electrical service in excess of the service currently capable of being provided to and within the Building or in excess of the Property-wide electrical capacity allocated to the Building (as determined by reference to the willful misconduct maximum capacity of Tenant or any of Tenantthe Building’s agentsmeter for electrical service), contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). then Tenant shall have the right of self-help if Landlord fails pay any equipment, installation and other costs required to fulfill its obligations pursuant to the terms of this Leaseobtain such service.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects Landlord shall cause the repairs to be completed within a reasonable time, and Tenant shall immediately pay the entire cost of the Building which relate repairs to Landlord. Except as expressly provided in elsewhere in this Lease, there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs made by Landlord to the Common Areas Property or any part thereof. To the extent permitted by law, Tenant expressly waives the benefits of any statute or other law now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to more than one tenantterminate this Lease because of Landlord’s premisesfailure to keep the Property in good order, or which no tenant of the Building is required to maintain condition and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein repair (except to the extent that it shall be determined that any of the foregoing items are installed by or on behalf of, or are the property of, Tenantsuch failure shall have constituted a constructive eviction). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice Landlord of the need for to make such repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant proceed with reasonable diligence to the terms of this Leasecomplete such repairs.

Landlord’s Obligations. Except for any repairs occasioned by the act or omission of Tenant, Tenant's agents, employees, contractors, licensees or invitees, which repairs shall be the responsibility of Tenant, Landlord shall maintain (i) in good repair the foundations, roof, perimeter foundations and structural walls and exterior windows and all structural aspects of the BuildingLeased Premises, not including doors and (ii) all nonstructural aspects windows. The cost and expense of any maintenance or repair to the Building which relate necessary due to the Common Areas acts or omissions of Tenant or Tenant's agents, employees, contractors, invitees, licensees or assignees, shall be reimbursed by Tenant to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities Landlord upon demand as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Additional Rent. Landlord shall also make all necessary structural repairs not be responsible for ADA compliance with respect to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleWork performed. Landlord shall have no responsibility not be obligated to make any repairs unless until notified in writing by Tenant, and until Landlord receives written notice shall then have a reasonable period of the need for time to make such repair or otherwise becomes awarerepairs. Landlord shall not be liable for any damage or loss occasioned by Landlord's failure to repair the Leased Premises unless it shall have failed to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of repair within a reasonable time after following written notice from Tenant of the need for such repair. Notwithstanding, Tenant shall be allowed to make emergency repairs or maintenance is received by in an amount not to exceed Fifteen thousand dollars ($15,000.00) if Tenant's attempts to reach Landlord from Tenant or after Landlord otherwise becomes awarefail. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to reimburse Tenant for such costs within thirty (30) days of receipt of paid invoices, lien waivers, and any interruption or loss other appropriate documentation. If Tenant has provided all required documentation to Landlord and Landlord has not reimbursed Tenant within ninety (90) days, Tenant may deduct the cost of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseemergency repairs from their Rent payment.

Landlord’s Obligations. Landlord Except for damage caused by any willful misconduct of Tenant, Tenant's employees, suppliers, shippers, customers or invitees, (in which event Tenant shall maintain (i) repair the damage), Landlord, as an Operating Expense, shall keep in good condition and repair the foundations, roofthe Building HVAC system, perimeter walls and plumbing, exterior windows walls, structural condition of interior bearing walls, roof structure of the Premises, Parking Area, utility installations of the Common Facilities and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)parts thereof. Landlord shall also make all necessary structural repairs not be obligated to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing paint the Premises (the cost of which interior walls. Landlord shall not be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articlemaintain, repair or replace the interior doors, windows or plate glass of the Premises. Landlord shall have no responsibility obligation to make any begin repairs unless and under this Section 13.3 until Landlord receives fifteen (15) days after receipt of written notice from the Tenant of the need for such repairs except for the operations of the Building HVAC system, electrical system or such systems as will impact Tenant's ability to conduct ongoing business operations, which shall be repaired on an emergency basis. If Landlord has not performed or undertaken to perform maintenance or repair services required under this Lease within fifteen (15) days of receipt of written notice from Tenant, Tenant may take such reasonable action as is necessary to make repairs or otherwise becomes awareperform such services and deduct the cost of such performance from any sums due Landlord hereunder. In case of emergencies, the aforesaid fifteen (15) day period shall be reduced to such period as is reasonable under the circumstances and Tenant shall only be required to provide oral notice to Landlord. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption damage or loss of business pertaining any kind or nature by reason of Landlord's failure to furnish any such activities. Landlord shall have the right to require that any damage service when such failure is caused by the willful misconduct of Tenant strikes, lockout, or any other labor disturbances or disputes of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by any character beyond the Tenant (without limiting reasonable control of Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. (a) Except for repairs required as the result of Acts of God or other casualty (in which event Article 8 shall govern), Landlord shall repair and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects portions of the Building, and (ii) all nonstructural aspects of including the Building which relate to the Common Areas or to more than one tenant’s premisesbasic HVAC, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing sanitary systems installed or furnished by Landlord, unless such maintenance or repairs are caused in whole or servicing in part by the Premises (act, neglect, fault or omission of Tenant, its agents, servants, employees or invitees, in which event Tenant shall pay to Landlord the cost of which shall be included in Operating Expenses under Article 4), excluding such maintenance or repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareupon demand. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. Provided however, in no event or under any circumstances shall Landlord from incur any liability to Tenant for any loss or liability incurred by Tenant in the operation of Tenant's business. Tenant waives the right to make repairs at Landlord's expense under any law or regulation now or hereafter in effect. The failure of Landlord to make any repair or perform any act of maintenance shall not create in Tenant any right to abatement of Rent, be deemed a constructive eviction, or give Tenant the right to terminate this Lease. (b) Landlord agrees to furnish to the Premises, during Building Service Hours (as defined in Article 21 below) air conditioning and heat, elevator service, electric current for normal lighting and office machines, and water for lavatory and drinking purposes, all in such reasonable quantities as in the sole judgment of Landlord is necessary for the comfortable occupancy of the Premises. Landlord will furnish building standard office cleaning services, Monday through Friday or Sunday through Thursday at Landlord's discretion (legal holidays excepted), provided the Premises are kept in good order by Tenant, and remove Tenant's ordinary office refuse and rubbish. Landlord (or an independent contractor) shall supply the Premises during Building Service Hours with reasonable amounts of energy and utilities for Tenant's use for lighting purposes and for equipment normally employed for general office purposes. In the event Landlord provides other additional services directly to Tenant, including, but not limited to, security, janitorial, excess refuse or rubbish removal, maintenance and repair service, or utilities beyond normal operating hours, Tenant shall pay all charges therefore within ten (10) days after receipt of a statement for the additional services. If Tenant uses excess electricity in Landlord's sole judgment which would be considered more than for general office use such as computers, separate air conditioning units, copy machines, etc. Landlord, at Tenant's sole cost (which shall be Landlord's actual cost for installation of an electrical meter), will install an electric meter to measure the excess amount of electricity consumed; and Tenant shall pay on demand to Landlord otherwise becomes awarefor the excess consumption at the rate charged to Landlord. Landlord shall make every reasonable effort to perform all not be liable for any stoppage or interruption of any such services caused by riot, strike, labor disputes, breakdowns, accidents, necessary repairs or maintenance other cause. Landlord shall not be liable in damages or otherwise for any failure or interruption of any of the foregoing services, or of any utilities to the Premises, and no such failure or interruption shall entitle Tenant to terminate this Lease or to an abatement of rent or be deemed a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but construction eviction. Landlord shall not be liable to Tenant under any circumstances for any interruption or loss of business pertaining property, or consequential damages, however occurring (including, but not limited to, the active or passive negligence of Landlord), through, in connection with, or incidental to such activitiesthe failure to furnish any of the foregoing. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant not be liable in damages or any of Tenant’s agentsotherwise, contractors, employees, invitees or customers, shall not be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms in breach of this Lease, nor shall Tenant have any right of offset, abatement or termination as the result of Landlord's compliance with any governmental restrictions on the use of energy or water.

Landlord’s Obligations. Landlord On or before the Commencement Date, Landlord, at Landlord's expense, will cause to be installed on the Premises, including the Phase 2 Area, a new high quality heating, ventilation, air-conditioning and cooling system (collectively the "HVAC System") on the Premises and the Phase 2 Area that is sufficient to meet the reasonable needs of Tenant during the term of this Lease. The HVAC System will comply with all applicable laws and regulations. Subject to the provisions of Section 13 and except for damages caused by any negligent or intentional act or omission of Tenant and Tenant's agents, employees or invitees, Landlord, at Landlord's expense, shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter exterior walls and the exterior windows and all structural aspects roof of the BuildingPremises. On or before the Commencement Date, and (ii) all nonstructural aspects Landlord will obtain a prepaid service contract with a qualified roofing contractor that provides for the maintenance of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant exterior roof of the Building is Premises for one year after the Commencement Date. Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain and repairthe interior surface of exterior walls, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by windows, doors or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articleplate glass. Landlord shall have no responsibility obligation to make any repairs unless and under this Paragraph 8.1 until Landlord receives a reasonable time after receipt of written notice of the need for such repair repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise becomes aware. Landlord shall not be liable for any failure afford Tenant the right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and keep the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsin good order, contractors, employees, invitees or customers, be paid for condition and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Landlord shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the BuildingBuildings, which structural parts include only the Foundation, exterior walls (excluding the interior of all exterior walls), roof structure and (ii) all nonstructural aspects subflooring of the Building which relate to Premises, except for any damage thereto caused by the Common Areas negligence or to more than one tenant’s premiseswillful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or which no tenant by reason of the Building is required failure of Tenant to maintain and repairperform or comply with any terms, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by conditions or on behalf ofcovenants in this Lease, or are the property ofcaused by alterations made by Tenant or by Tenant's agents, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in employees or servicing the Premises (the cost of contractors which shall be included in Operating Expenses Tenant's responsibility. Except for repairs readily discernable by visual inspection of exterior, it is a condition precedent to all obligations of Landlord to repair and maintain under Article 4), excluding repairs required to be made by this Section 10.1.1 that Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice in writing of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awaremaintenance. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant also maintain, repair and replace the HVAC system for the Premises but and Tenant shall pay directly or reimburse Landlord for the costs thereof, as and when billed by vendor or landlord. If such HVAC system is not separately metered to the Premises, Tenant shall not be liable to Tenant billed for any interruption or loss its proportionate share of business pertaining to such activitiescost as reasonably determined by Landlord. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, obtain an HVAC system preventive maintenance contract with monthly service which shall be paid for by Tenant and performed by the Tenant (without limiting Landlord’s which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other remedies herein)preventive maintenance. Tenant shall have the right benefit of self-help if all warranties available to Landlord fails to fulfill its obligations pursuant to the terms of this Leaseregarding such equipment.

Landlord’s Obligations. Except as otherwise provided in Section 8.02, 8.03 and 8.04 below, Landlord shall maintain the Project in good order, maintenance and repair throughout the Lease Term in accordance with First Class Building Standards. All repairs that affect the Project’s (i) structural components, including but not limited to the foundationsfoundation, roofslab and piers, perimeter walls (ii) the Project’s mechanical (including HVAC), electrical, fire/life safety and plumbing systems, (iii) the exterior Common Areas; (iv) exterior windows and all structural aspects of the Building, doors; and (iiv) all nonstructural aspects of elevators serving the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which Project shall be included in Operating Expenses under Article 4)made solely by Landlord; provided, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period time (based upon the urgency or nature of time the repair) after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord will promptly and diligently perform any required repairs in a good and workmanlike manner in accordance with standards applicable to Comparable Buildings. Except as provided in Article XI, there shall make every be no liability of Landlord, by reason of any injury or inconvenience to, or interference with, Tenant’s business or operations arising from the making of, or failure to make, any maintenance or repairs in or to any portion of the Project. Notwithstanding the foregoing, Landlord shall take commercially reasonable effort efforts to perform all such mitigate any interference caused by Landlord’s repairs or maintenance maintenance; provided that Landlord will not be required to incur any material additional expenses such as overtime (except in the event of an emergency and then only to the extent necessary to prevent further damage) unless Tenant’s Representative agrees to reimburse Landlord for such a manner (in its judgment) so as to cause minimum interference with Tenant additional expense and the Premises but such additional expense is excluded from Controllable Operating Expenses. Landlord shall not be liable required to maintain any specialized areas or equipment at the Project such as data rooms, specialized HVAC or electrical equipment, and UPS. Subject to any limitations contained in Article IV, all expenses incurred by Landlord in repairing or maintaining the Premises shall constitute Operating Expenses. Any Contractor or Subcontractor utilized by Landlord or Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have perform repair and maintenance work in the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentsProject will be reputable, contractors, employees, invitees or customers, be paid for licensed and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseinsured.

Landlord’s Obligations. Subject to Sections 15 and 16, Landlord shall maintain (i) in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects portions of the Building which relate to including the Common Areas or to more than one tenant’s premisesexterior walls, or which no tenant of underflooring and roof, the Building is required to maintain and repairbasic heating, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf ofventilating, or are the property ofair conditioning, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVACplumbing, electrical, arid fire detection and plumbing systems in or servicing security systems, and all other portions of the Premises (not the cost obligation of which shall be included Tenant or any other tenant in Operating Expenses under Article 4)the Building. However, excluding repairs required to be made if any such maintenance or repair becomes necessary in whole or in part because of wrongful acts or omissions by Tenant pursuant to this Article. Landlord or Tenant's employees, agents, invitees or customers, or because of a breaking and entering, Tenant shall have no responsibility to make any repairs unless and until Landlord receives written notice of pay the need for such repair or otherwise becomes awareentire cost thereof upon demand. Landlord shall not be liable to Tenant, and rent shall not be abated, for any failure by Landlord to maintain and repair areas which are being used in connection with construction of improvements, or for any failure to make any repairs or to perform any maintenance unless such failure shall persist continue for an unreasonable period of time after written notice of the need for such repairs or maintenance therefor is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall also not be liable to Tenant under any circumstances for any interruption or loss of profits or for injury to or interference with ▇▇▇▇▇▇'s business pertaining arising from or in connection with the making of or the failure of Landlord to such activitiesmake any repairs, maintenance, alterations or improvements in order to make any repairs, maintenance, alterations or improvements in or to any portion of the Building or the Common Areas or in or to fixtures, appurtenances and equipment therein. Landlord shall have Notwithstanding the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)foregoing. Tenant shall have the right of self-help if Landlord fails to fulfill make any repairs or perform any maintenance within a reasonable time after written notice of the need therefor from Tenant to Landlord, Tenant may, after giving Landlord at least ten (10) days' prior written notice of its obligations pursuant intent to do so, make necessary repairs or perform necessary maintenance, provided, however, (a) Tenant's work does not affect structural elements of the terms Building or Building systems, and (b) so long as Landlord is diligently attempting to make the necessary repairs or perform the necessary maintenance, Tenant shall have no right of this Lease"self-help."

Landlord’s Obligations. Landlord shall shall, subject to Tenant’s reimbursement as herein provided, maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of keep in good repair the Building, including without limitation, the exterior walls, the roof and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repairsidewalks, including all systems any vacant spaces and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)respective storefronts. Landlord shall also make all necessary structural repairs arrange, subject to Tenant’s reimbursement, for the collection of trash, cleaning of sidewalks, exterior window washing. Tenant shall only use the trash container in the parking or Common Area designed by Landlord for Tenant’s use. Tenant agrees that it will not, nor will it authorize any person to, go onto the roof of the Premises or the Building and without the prior consent of Landlord. Such consent will be given only upon Landlord’s satisfaction that any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost necessitated as a result of which shall be included in Operating Expenses under Article 4), excluding repairs required to Tenant’s action will be made by Tenant pursuant Landlord’s roofing contractor, at Tenant’s expense, and will be made in such a manner so as not to this Article. Landlord shall have no responsibility invalidate any guarantee relating to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareroof. Landlord shall not be liable for any failure required to make any repairs or to perform any maintenance the exterior walls, roof and sidewalks, unless such failure shall persist for an unreasonable period of time after written notice and until Tenant has notified Landlord in writing of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right had a reasonable period of time thereafter to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for commence and performed by the Tenant (without limiting Landlord’s other remedies herein)complete such repairs. Tenant shall have pay to Landlord, as Additional Rental, its pro rata share of the right cost of self-help such repairs and maintenance incurred by Landlord and replacement reserves established by Landlord. Said pro rata share shall be determined according to the area of the Premises, including mezzanine, if Landlord fails any, as it relates to fulfill its obligations the total leasable area of the Building. Said Additional Rental shall be due ten (10) days after the date of mailing of a statement therefor and payable pursuant to Section 4(B)(IV) of the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundationsshall, roofat its sole cost and expense, perimeter walls and exterior windows and all structural aspects of the Buildingkeep in good order, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain condition and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any structural portions of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included limited to the roof, the exterior walls, the foundation and interior structural portions (e.g., support beams, etc.). The term "walls" as used in Operating Expenses the preceding sentence shall not include windows, glass or plate glass, interior doors, special entries, exterior doors, or any other item mentioned in Section 9.1 as being an obligation of Tenant. Landlord represents and warrants that all structural portions of the Premises are free of defects and have been constructed in accordance with plans and specifications previously submitted to Tenant. In addition, Landlord represents and warrants that all non-structural portions of the Premises constructed by the Landlord prior to the entry of the Tenant on the Premises for the purpose of constructing the Tenant Improvements are in good working order. In the event that such structural portions are not free of defects, or such non- structural portions are not in good working order, of if Landlord fails to keep the structural portions of the premises free of defect, then Tenant may perform such obligations on Landlord's behalf, and the cost thereof shall be charged against the rent due under Article 4), excluding repairs required to be made by Tenant pursuant to this Articlethe Lease. Landlord shall have no responsibility obligation to make any repairs unless and under this Section 9.2 until Landlord receives a reasonable time after receipt of written notice of the need for such repair or otherwise becomes awarerepairs. If Landlord shall not be liable for any failure to make repairs or fails to perform any of its repair and maintenance unless obligations under this Section 9.2 or otherwise as required in this Lease, and such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort materially affects Tenant's ability to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant use and occupy the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agentspurposes permitted herein, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than thirty (30) days after written notice from the Tenant; provided, however, that if the nature of self-help if the repairs and/or maintenance to be completed by Landlord fails is such that more than thirty (30) days are required to fulfill its obligations pursuant complete such repairs and/or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs and/or maintenance so long as Landlord takes appropriate action to commence such repairs and/or maintenance within such thirty (30) day period and thereafter diligently pursues such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the terms reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of this LeaseTenant's written demand therefor, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good workmanlike manner by licensed contractors.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all exterior elements of the Building and all structural aspects of the Building, Building and (ii) all nonstructural aspects of the Building which relate to the Building Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of and for the sole use of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses to the extent permitted under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time ten (10) days after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware, unless such repair or maintenance cannot reasonably be effected within such ten (10) day period, in which case Landlord shall have such additional time as required provided that Landlord commences such repair or maintenance within such ten (10) day period and thereafter diligently prosecutes the same to completion. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. , except pursuant to Section 7.F. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects portions of the Building, including the foundations, bearing and exterior walls (ii) all nonstructural aspects of excluding glass), subflooring and roof (excluding skylights), and the Building which relate to the Common Areas or to more than one tenant’s premisesunexposed electrical, or which no tenant of the Building is required to maintain plumbing and repairsewer systems, including all those portions of such systems which are outside the Premises, gutters and facilities necessary for the operation of downspouts on the Building and the provision of services heating, ventilating and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing air conditioning systems in or servicing which serve the Premises (provided that it shall be the Tenant’s obligation to maintain a service contract on the HVAC unit(s) as set forth in Section 14.(b) below), unless such maintenance and repairs are caused in part or in whole by the act, neglect or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost of which such maintenance and repairs. Landlord’s obligation with respect to the HVAC unit(s) shall be limited to the replacement of such units if such replacement is necessary despite Tenant’s maintenance efforts. The costs of maintenance and repairs performed by Landlord will be included in Operating Expenses under Article 4Expenses. Except as provided in this Subparagraph 14(a), excluding repairs required Landlord has no obligation to be made by Tenant pursuant to this Articlealter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. Tenant will not be entitled to any abatement of rent and Landlord from Tenant will not have any liability by reason of any injury to or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises but Landlord shall not be liable or in or to fixtures, appurtenances and equipment therein. Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have waives the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting make repairs at Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the terms extent the Premises are located in California, the provisions of this LeaseCalifornia Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature).

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. (a) Landlord to maintain the Common Areas and charge the cost to do so as an Operating Expense; provided that Tenant shall self-manage the Building. Except to the extent necessitated by the act or omission of Tenant or its failure to perform its obligations under this Lease (for the cost of which Tenant will be solely responsible), Landlord will replace the roof at its cost during the initial Term. Landlord will pick up litter in the Common Areas or cause it to be picked up. (b) Unless otherwise expressly provided herein, Landlord shall maintain not be required to make any improvements or repairs of any kind or character to the Premises during the Term, except (i) Landlord will pay at its sole cost for the foundations, roof, perimeter walls and exterior windows and all repair of latent or structural aspects defects of the BuildingPremises (for which Landlord will be solely responsible) unless caused by the act or omission of Tenant, its agents, employees or contractors (for which Tenant will be solely responsible), and (ii) all nonstructural aspects Landlord will advance the cost of the Building which relate to the Common Areas capital replacements or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building roof, structure, foundation, parking areas and any necessary repairs to mechanical systems of the Building standard mechanicalPremises, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of so long as the need for any such replacement or repair or otherwise becomes aware. Landlord shall is not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any result of Tenant’s agentsact or negligence in which event Tenant will pay the cost when incurred. The cost of capital replacements or repairs so advanced by Landlord will be amortized in equal monthly installments over their useful life according to generally accepted accounting principles, contractors, employees, invitees or customers, be paid for and performed by together with interest equal to three percent (3%) in excess of the Tenant rate (without limiting the “Prime Rate”) published in the Western Edition of The Wall Street Journal under “Money Rates” on Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant cost, and added to the terms of this LeaseBase Rent commencing on the date on which such cost is incurred. If for any reason the Prime Rate is no longer published in The Wall Street Journal, then Landlord shall select another financial publication and reasonably equivalent announced rate as was announced in The Wall Street Journal.

Landlord’s Obligations. (A) During the Lease Term, Landlord shall, at its expense, maintain only the foundation and the structural soundness of the exterior walls (excluding all windows, plate glass, doors and pest control and extermination) of the portion of the Building containing the Premises in good working order, repair and condition except for reasonable wear and tear. Landlord also shall maintain (i) maintain, at its expense, subject to reimbursement as part of Operating Expenses, the foundations, roof, perimeter walls downspouts and exterior windows and all structural aspects fire safety sprinkler system of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent . If Tenant determines that any of the foregoing items are installed such repair or maintenance by or on behalf ofLandlord is required, or are the property of, Tenant). Landlord Tenant shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives promptly give written notice to Landlord of the need for such repair or otherwise becomes awaremaintenance and unless Landlord in good faith disagrees with such determination by Tenant, Landlord shall proceed with reasonable promptness to perform such maintenance. Landlord shall not be liable to Tenant, except as otherwise expressly provided in this Lease, for any failure damage or inconvenience. Tenant shall not be entitled to make repairs any abatement or to perform reduction of Rent by reason of any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs repairs, alterations or maintenance is received additions made by Landlord from Tenant or after Landlord otherwise becomes awareunder this Lease. Landlord shall make every use reasonable effort efforts in fullfilling its obligations under this Lease to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum minimize the interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Tenant's operations, however Landlord shall have no liability for any such interference unless resulting from the right to require that willful actions of Landlord. (B) Tenant shall, at its sole cost, pay for any damage to the foundation and/or external walls of the Building, or the Project, if applicable, caused by the willful misconduct any act, omission, negligence or fault of Tenant or any employee, agent or contractor of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Except as specifically provided in this paragraph, prior to Commencement Date Landlord shall maintain ensure that the existing Building and Building systems are in good operating condition and repair including the foundation, structural components, exterior walls, plumbing, HVAC, sprinklers, electrical (including panels and outlets), doors (both shipping and personnel), roof structure and membrane, exterior landscaping, irrigation and lighting, and parking lot. "Good operating condition and repair" as used in this paragraph means that all of the foregoing systems for which Landlord is responsible shall be fully operational and functional for use for the purposes for which such systems were intended, and there is no deferred maintenance required. Without limitation of the foregoing: (i) the foundations, roof, perimeter walls roof membrane shall be inspected by a reputable and exterior windows licensed roofing contractor or roofing inspector and all structural aspects of the Building, repaired as necessary to put into good operating condition and repair based on such inspection; (ii) the HVAC system shall be inspected by a reputable and licensed HVAC contractor and repaired as necessary to put into good operating condition and repair based on such inspection, as evidenced by a report by such contractor; (iii) all nonstructural aspects of windows shall be washed inside and out, and there shall be no cracked or broken windows; (iv) all burned out, discolored or broken lightbulbs, ballasts and lenses shall be replaced; and (v) the Building which relate to the Common Areas or to more than one tenant’s premisesparking lot shall be re-sealed and striped by a reputable and licensed asphalt contractor provided, or which no tenant of the Building is required to maintain and repairhowever, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs have sixty days from the Commencement Date to complete the Building parking lot re-sealing and striping. The foregoing notwithstanding, Landlord shall have no obligation to perform any necessary repairs to work on the Building standard mechanical, HVAC, electrical, and plumbing plumbing, or other Building systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)Hewlett Packard Sublease space. Tenant shall have be responsible to ensure that Hewlett Packard leaves that portion of the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeasePremises in good condition and repair when it vacates.

Landlord’s Obligations. Landlord shall maintain keep in good order, condition and repair the structural parts of the Building, which structural parts consist only of the foundation, subflooring, exterior walls (i) excluding the foundations, roof, perimeter interior of all walls and the exterior windows and interior of all structural aspects windows, doors, ceilings, and plate glass), and roof of the Building, and all plumbing and electrical facilities leading up to (iibut not situated within) all nonstructural aspects the Building, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms of this Lease, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed caused by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be Alterations made by Tenant pursuant or by Tenant's agents, employees or contractors. It is an express condition precedent to this Article. all obligations of Landlord to repair and maintain that Tenant shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord maintenance. 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 make repairs and deduct the expenses of such repairs from Tenant or after Landlord otherwise becomes awarethe Rent due under this Lease. Landlord shall make every reasonable effort to perform all such repairs or keep in good order, condition, repair and maintenance in such the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a manner (in its judgment) so as to cause minimum interference with Tenant qualified vendor for the purpose of maintaining the Building's HVAC system, and a roof maintenance service contract from a qualified vendor for the Premises but Landlord shall not be liable to Tenant for any interruption or loss purpose of business pertaining to such activitiesmaintaining the Building's roof. Landlord shall have determine in its sole discretion whether any such vendor is qualified. Any and all costs of any maintenance or repair of the right HVAC system or the roof (including without limitation the cost of maintaining HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable solely by Tenant for the year in which such cost is incurred. Landlord may elect, in its sole discretion, to require paint the exterior of the Building and/or to replace or perform capital improvements to any area or aspect of the Building which Landlord is required keep in good order, condition and repair. If Landlord decides, in its sole discretion, to replace the roof of the Building during the Term, then the cost of so replacing the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the roof (as determined by Landlord in its sole discretion) (the "Useful Life"), and the entire amount of such amortized costs and interest shall be included in the monthly Common Area Maintenance Costs payable solely by Tenant during the entire period over which such costs are amortized, until Tenant has paid to Landlord that any damage caused proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such roof replacement was completed, divided by (b) the willful misconduct number of Tenant or any months of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant Useful Life; provided that in no event shall such proportion exceed one hundred percent (without limiting Landlord’s other remedies herein100%). For the purposes of example only and not by way of limitation, if the Building's roof is replaced twenty-four (24) months before the end of the Term, at a cost of Fifty Thousand Dollars ($50,000.00), and the Useful Life is one hundred twenty (120) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Sixteen and 67/100ths Dollars ($416.67) per month, with interest at the Interest Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the balance of the Term shall have equal Four Hundred Sixteen and 67/100ths Dollars ($416.67), with interest at the right Interest Rate, until Tenant has paid to Landlord a total aggregate amount of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.Ten Thousand Dollars

Landlord’s Obligations. Except as otherwise provided in Section 9 below, Landlord agrees to make all necessary repairs to the following, subject to inclusion of the costs thereof in Operating Costs: (a) the roof membrane and (b) the common areas of the Project, and to maintain the same in reasonably good order and condition; provided, however, that subject to the provisions of Section 8.F below, any damage arising from the acts of Tenant or any Tenant Parties (as defined in Section 8.B(1) below) shall be repaired by Landlord at Tenant’s sole expense, and Tenant shall pay Landlord, on demand, the cost of any such repair. Landlord may also, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall maintain (i) desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. The cost of any repairs made by Landlord on account of Tenant’s default, or on account of the foundationsmisuse or neglect by Tenant or any Tenant Parties anywhere in the Project, roofshall constitute Additional Rent payable by Tenant on demand. As a condition precedent to all of Landlord’s repair and maintenance obligations under this Lease, perimeter walls and exterior windows Tenant must have notified Landlord of the need of such repairs or maintenance. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code and any similar or successor law, statute or ordinance now or hereafter in effect regarding Tenant’s right to make repairs and deduct the cost of such repairs from the Rent due under this Lease. Except as provided in Section 9 below, Landlord agrees to make all necessary repairs to the following, at Landlord’s sole cost and expense: the structural aspects parts of the Building, which structural parts include only the foundation and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation subflooring of the Building and the provision of services and utilities as required herein (except to the extent that any structural condition of the foregoing items are installed by or on behalf of, or are roof (excluding the property of, Tenant). Landlord shall also make all necessary structural repairs to roof membrane) and the exterior and interior load-bearing walls of the Building (but excluding the interior surfaces of exterior walls and any necessary repairs to the Building standard mechanicalexterior and interior of all windows, HVACdoors, electricalceiling and plate glass, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4maintained and repaired by Tenant), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall shall, as soon as is commercially reasonable, also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electricalelectrical (including building standard light fixtures), and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist persists for an unreasonable period of time ten (10) days after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareaware and Landlord and its agents, employees and independent contractors shall have the right to enter the Premises to inspect and make such repairs as Landlord deems reasonably necessary or desirable in accordance with Article 13. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities, unless said interruption is due to negligence or willful misconduct of the Landlord or its’ employees. Landlord shall have the right to require that any damage caused by the negligence or willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and repairs performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. (1) Subject to the provisions of Article Eight (Damage or Destruction) and Article Nine (Condemnation) and except for damage caused by any act or omission of Tenant, Landlord shall maintain (i) keep the foundations, roof, perimeter skylights, foundation, structural components and the structural portions of exterior walls and exterior windows and all structural aspects of the BuildingPremises in good order, condition and (ii) all nonstructural aspects repair. Landlord will not be obligated to maintain or repair windows, doors, overhead doors, plate glass or the surfaces of walls. In addition, Landlord will not be obligated to make any repairs under this Section until a reasonable time after receipt of written notice from Tenant of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary need for the operation of the Building and the provision of services and utilities as required herein (except to the extent that repairs. If any of the foregoing items repairs are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Landlord, Tenant pursuant shall, at Tenant's sole cost and expense, promptly remove Tenant's furnishings, fixtures, inventory, equipment and other property, to this Article. the extent required to enable Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice repairs. Landlord's liability under this Section will be limited to the cost of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make those repairs or to perform corrections. Tenant waives the benefit of any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs present or maintenance is received by Landlord from future law that might give Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by repair the willful misconduct Premises at Landlord's expense or to terminate this Lease because of Tenant or any of Tenant’s agentsthe condition. (2) All repairs, contractorsmaintenance, employees, invitees or customers, management and other services to be paid for and performed by Landlord or Landlord's agents involve the exercise of professional judgment by service providers, and Tenant (without limiting Landlord’s other remedies herein). Tenant shall have expressly waives any claims against Landlord for breach of warranty arising from the right performance of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasethose services.

Landlord’s Obligations. Subject to the provisions of Article 6 regarding damage, destruction and condemnation, and except for any damage for which Tenant is responsible pursuant to Section 5.4 below and the lamps, ballasts and lights within the Leased Premises, Landlord shall maintain shall, throughout the Term, keep the Leased Premises (iexcept for Tenant’s maintenance obligations set forth in this Lease, including, but not limited to, Section 5.4 herein below) Common Areas, the foundationswarehouse floor, rooffencing, perimeter walls paving, parking areas, foundation, roof and exterior windows and all structural aspects elements of the Building, and (ii) all nonstructural aspects including structural portions of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation exterior walls of the Building and the provision electrical system (including, but not limited to, lobby elevators (along with any freight elevators existing in the Leased Premises as of services the date of this Lease), escalators and utilities as required herein (heating, air-conditioning or ventilating systems of the Leased Premises) and fire protection sprinkler system serving the Leased Premises and Building in good order, condition and repair and in accordance with the requirements of applicable laws, rules and regulations; provided, the cost of such maintenance and repair may be included in Operating Expenses. In addition, Landlord shall maintain in good order and condition the Common Areas of the Building and the Property and make all necessary repairs, the cost of which maintenance and repair may be included in Operating Expenses. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the surfaces of interior walls within the Leased Premises, except to the extent that any such maintenance or repair is made necessary by the breach of Landlord’s obligations under this Lease, or Landlord’s gross negligence or willful misconduct. Landlord and Tenant intend that, at all times during the Term, Landlord shall maintain the Common Areas of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electricalProperty, and plumbing systems all improvements situated thereon, in or servicing a neat, sightly, and fully operative condition similar to comparable projects in the Premises (the cost of which shall be included in Operating Expenses under Article 4)Jacksonville, excluding repairs required to be made FL market area as reasonably determined by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord; provided, however, Landlord shall not be liable for in default of any failure to make repairs or to perform any of its maintenance unless such failure shall persist for an unreasonable period of time after obligations under this Lease until Landlord has received written notice of from Tenant specifying the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss expiration of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasecure period therefor.

Landlord’s Obligations. Landlord shall, subject to the following limitations, repair damage to the roof (including the roof membrane), and the foundation and load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Building; provided, if such damage is caused by an act or omission of Tenant or the Tenant Parties, then such repairs shall be at Tenant’s sole expense. Landlord shall maintain not be required to make any repair resulting from (i) any alteration or modification to the foundationsBuilding or to mechanical equipment within the Building performed by, rooffor or because of Tenant or to special equipment or systems installed by, perimeter walls and exterior windows and all structural aspects for or because of the BuildingTenant, and (ii) all nonstructural aspects the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building which relate to or in and about the Common Areas Premises, (iv) Tenant’s use or to more than one tenant’s premises, or which no tenant occupancy of the Building is required to maintain Premises in violation of Article 5 of this Lease, (v) the acts or omissions of Tenant or the Tenant Parties, (vi) fire and repairother casualty, including all systems and facilities necessary for the operation except as provided by Article 11 of the Building and the provision this Lease or (vii) condemnation, except as provided in Article 13 of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleLease. Landlord shall have no responsibility obligation to make any repairs unless and under this Section 7.2 until Landlord receives a reasonable time after receipt of written notice from Tenant of the need for such repair or otherwise becomes awarerepairs. Landlord There shall not be liable for any failure to make repairs or to perform any maintenance unless no abatement of Rent during the performance of such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awarework. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for injury or damage that may result from any interruption defect in the construction or loss condition of business pertaining to such activities. Landlord shall have the right to require that Premises, nor for any damage caused by the willful misconduct of Tenant or any that may result from interruption of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed use of the Premises during any repairs by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have waives any right to repair the right Premises, the Building and/or the Common Area at the expense of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseunder any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.

Landlord’s Obligations. Landlord Landlord, at Landlord’s sole cost and expense (which cost shall maintain (i) not be reimbursed as part of Operating Expenses nor made the foundationsobligation of Tenant hereunder), roofshall maintain, perimeter walls and exterior windows and all structural aspects of the Buildingrepair, and (ii) all nonstructural aspects replace the exterior walls, roof structure, foundation, structural columns and structural beams of the Building (the “Building Structure”) in good condition and repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, its agents and contractors excluded. Landlord shall also, at Tenant’s sole cost and expense (which cost shall be reimbursed as part of Operating Expenses), maintain, repair, and replace the Exterior Premises and fire sprinklers and fire protection systems. In addition, Landlord shall make capital repairs and replacements to the Building Systems, such costs to be amortized and charged to Tenant as provided in Paragraph 6. The term "walls" as used in this Paragraph 10 shall not include windows, glass or plate glass, doors or overhead doors, special store fronts, dock bumpers, dock plates or levelers, or office entries. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Paragraph 10, after which Landlord shall have a reasonable opportunity to repair. Tenant expressly waives the benefit of any current or futures statute in effect which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except Landlord repair obligations to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance it is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference inconsistent with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein. Without limiting the foregoing, except as set forth in Paragraph 10(b) below, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).

Landlord’s Obligations. Landlord Subject to the provisions of Section 12 ---------------------- and except for damage caused by any negligent or intentional act or omission of Tenant and Tenant's agents, employees or invitees, which damage is not covered by the type of insurance to be maintained pursuant to Section 11.2 hereof, Landlord, at Landlord's expense, shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter exterior walls and exterior windows and all structural aspects roofs (including roof membranes) of the BuildingPremises. Landlord shall not, and (ii) all nonstructural aspects of the Building which relate however, be obligated to the Common Areas or to more than one tenant’s premisespaint such exterior, or which no tenant of the Building is nor shall Landlord be required to maintain and repairthe interior surface of exterior walls, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by ceilings or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Articledoors. Landlord shall have no responsibility obligation to make any repairs unless and under this Section 7.1 until Landlord receives a reasonable time after receipt of written notice of the need for such repair repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise becomes aware. Landlord shall not be liable for any failure afford Tenant the right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this Lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and keep the Premises but in good order, condition and repair. If, within thirty (30) days after notice from Tenant, Landlord shall not be liable fails to commence making repairs which are the obligation of Landlord under this Section 7.1, Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by make such repairs and charge Landlord for the willful misconduct reasonable cost thereof. In such event, Landlord shall reimburse Tenant for the cost of Tenant or any such repairs within thirty (30) days after receipt of billing from Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and unless such maintenance or repairs are required because of any negligent or intentional act or intentional omission of Tenant or its agents, employees, contractors, customers or invitees, Landlord shall maintain (i) keep the following in good order, condition and repair: the foundations, roof, perimeter exterior walls and roof of the Premises (including painting the exterior windows surface of the exterior walls of the Premises not more often than once every five (5) years, if necessary); parking lot surfaces; and all structural aspects components of electrical, mechanical, and plumbing located outside of the BuildingPremises which are used in common by tenants of the Project, reasonable wear and tear excluded, and (ii) excluding all nonstructural aspects components of the Building which relate to the Common Areas or to more than one tenant’s premiseselectrical, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made that are installed by Tenant pursuant to this Articleat any time, including those initially constructed as part of the Tenant Improvements. Landlord shall have no responsibility use reasonable efforts to make any repairs unless cause all Common Areas to be maintained in good order, condition and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure obligated to maintain or repair interior windows, doors, plate glass, the interior surfaces of exterior walls or other interior improvements in the Building or Premises. Landlord shall make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs but in all events shall commence such repairs within thirty (30) days after receipt of such notice. In no event shall Tenant be entitled to undertake any such maintenance or maintenance is received by Landlord from repairs, whether at the expense of Tenant or after Landlord, and Tenant hereby waives the benefits of any law now or hereafter in effect which would otherwise provide Tenant with such right. (b) Tenant shall pay or reimburse Landlord otherwise becomes awarefor all costs Landlord incurs under Section 6.03(a) above as Operating Expenses as provided in Section 1.12(b) of the Lease. Landlord shall make every reasonable effort to perform all such repairs Tenant waives the benefit of any statute in effect now or maintenance in such a manner (in its judgment) so as to cause minimum interference with the future which might give Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting make repairs at Landlord’s other remedies herein). Tenant shall have expense or to terminate this Lease due to Landlord’s failure to keep the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeasePremises in good order, condition and repair.

Landlord’s Obligations. Landlord shall keep and maintain (i) in good repair and working order consistent with similar first class mid-rise office buildings in the foundationsReston/Herndon, roofVirginia area and make all repairs to and perform necessary maintenance upon the structural components and elements, perimeter walls and exterior windows electrical, plumbing and mechanical systems, of the Building and all structural aspects parts and appurtenances, which are required in the normal maintenance and operation of the Building, including, but not limited to, the exterior walls, load bearing elements, foundation, pipes, conduits, roof, parking and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premisesother common areas, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAClife/safety, electrical, central heating and air-conditioning, and plumbing systems in that are a part of the Base Building. The cost and expense of any unusual maintenance or servicing repair to the Premises (Building resulting from the cost acts or omissions of which Tenant or Tenant's agents, employees, contractors, invitees, licenses or assignees, shall be included in Operating Expenses under Article 4), excluding repairs required to be made reimbursed by Tenant pursuant to this ArticleLandlord upon demand as Additional Rent. Landlord shall have no responsibility not be responsible for ADA compliance with respect to Tenant Work performed. Landlord shall not be obligated to make any repairs unless not theretofore known by Landlord to be necessary until notified in writing by Tenant, and until Landlord receives written notice shall then have a reasonable period of the need for time to make such repair or otherwise becomes awarerepairs. Landlord shall not be liable for any damage or loss occasioned by Landlord's failure to repair the Leased Premises unless it shall have failed to make repairs such repair within a reasonable time following its having knowledge of the need for a repair or to perform any maintenance unless such failure shall persist for an unreasonable period receipt of time after written notice from Tenant of the need for such repairs repair. If an emergency event or maintenance circumstance occurs that threatens to materially interfere with Tenant's ability to operate its Equipment for its intended use, the Landlord is received by required to take action to correct the situation (a "Required Action") and Landlord from Tenant has knowingly failed to provide or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and commence the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have Required Action within the right to require that any damage caused time period required by the willful misconduct Lease (or a reasonable period of time, if no period of time is specified in the Lease) after the receipt of notice, Tenant or may proceed to take the Required Action pursuant to the terms of the Lease. If any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed Required Action is taken by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasesection, then Landlord shall reimburse Tenant for its reasonable and documented costs and expenses in taking the Required Action within thirty (30) days after receipt by Landlord of an invoice from Tenant.

Landlord’s Obligations. Landlord shall maintain maintain, in a first-class condition consistent with similar office buildings in the Raleigh, North Carolina market, (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall repair, maintain in good and tenantable condition (iand in compliance with Legal Requirements and requirements of the insurance underwriter(s) for the foundationsShopping Center) and replace, as necessary, the roof, perimeter walls exterior walls, and exterior windows structural parts of the Premises (including the structural floor), and all structural aspects Utility Installations serving the Premises on a nonexclusive basis (except where the appropriate utility company performs such duties) or that form a centralized Air Conditioning System serving the Premises on a nonexclusive basis. In no event shall Landlord be required to make repairs necessitated by the negligence or willful acts of Tenant or anyone claiming under Tenant, because of the Building, and (ii) all nonstructural aspects failure of the Building which relate Tenant to the Common Areas perform or to more than one tenant’s premisesobserve any term or condition of this Lease, or which no tenant because of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (Improvements made by Tenant except to the extent that any of otherwise covered by the foregoing items are installed by or on behalf of, or are the property of, Tenant)insurance Landlord is required to carry under this Lease. Landlord shall also make all necessary structural repairs be under no obligation to repair, replace or maintain the Premises or the mechanical equipment exclusively serving the Premises at any time, except as this Lease expressly provides. Notwithstanding anything to the Building and any necessary repairs to the Building standard mechanicalcontrary contained in this Lease, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not in any way be liable to Tenant for any failure to make repairs or to perform any maintenance as herein specifically required of it unless such failure shall persist for an unreasonable period of time after written notice ▇▇▇▇▇▇ has previously notified Landlord of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period following receipt of Tenant's notification. As used in this Article 12, "exterior walls" shall exclude storefronts, plate glass, window cases or maintenance is received window frames, doors or door frames, security grilles or similar enclosures. The definition of Common Area Expenses includes all work performed by Landlord from Tenant or after Landlord in accordance with this Section except as otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance expressly provided for in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Subject to Sections 21.1 and 24.2, Landlord shall, at the sole expense of Landlord, repair and maintain in good and tenantable condition the roof, exterior walls, building systems (except as otherwise provided in Paragraph 21.1 above) structural parts of the Premises (including the foundation and structural floor) serving the Premises. Subject to Section 24.2, no expenses incurred by Landlord in performing its obligations under this Section 21.2 shall be included as Rent under this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for the cost of general maintenance and repairs to the HVAC system serving the Premises, and Tenant shall be responsible at its expense for making any repairs necessitated by reason of the negligence of Tenant, or by reason of the failure of Tenant to perform or observe any of its obligations under this Lease or by reason of alterations, additions, or improvements to the Premises made by tenant. Notwithstanding the foregoing, Landlord shall maintain have the right (ibut shall not be required) the foundationsto make such repairs so necessitated by Tenant. If Landlord elects to make such repairs on Tenant's behalf, roof, perimeter walls and exterior windows and all structural aspects Tenant shall pay to Landlord any such costs incurred by Landlord promptly following receipt of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)a ▇▇▇▇ therefor. Landlord shall also make assign to Tenant for Tenant's benefit during the Term of this Lease all necessary structural repairs manufacturers' warranties relating to the Building HVAC system. It is understood and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses agreed that Landlord is under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility obligation to make any repairs unless and until Landlord receives written notice of the need for such repair repairs, alterations, replacements or otherwise becomes aware. Landlord shall not be liable for any failure improvements to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but or the mechanical equipment exclusively serving the Premises at any time except as expressly set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable to Tenant for any interruption or loss failure to make repairs required of business pertaining Landlord hereunder unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct commence and complete those repairs within a reasonable period of Tenant or any time following receipt of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease's notice.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation portions of the Building and the provision plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are (i) 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 services any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost of such maintenance and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)repairs. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. Except as provided in Paragraph 20, Tenant will not be entitled to any abatement of rent and Landlord from Tenant will not have any liability by reason of any injury to or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises but Landlord shall not be liable or in or to Tenant for fixtures, appurtenances and equipment therein. Notwithstanding the foregoing, if any interruption or loss in the provision of the services described in this Subparagraph 14(a) occurs and such interruption materially interferes with Tenant's use and occupancy of the Premises for more than ten (10) continuous business pertaining to such activities. Landlord days, Tenant shall have the right to require ▇▇▇▇▇ Base Rent payable with respect to the period of interruption following such ten (10) business day period, but only to the extent of any rent loss insurance proceeds received by Landlord in connection with such abatement. Such abatement shall be in the proportion that any damage caused such interference bears to Tenant's normal operations in the Premises, as agreed to by the willful misconduct of Tenant Landlord and Tenant; provided, however, in no event shall Landlord be liable for damages or any of Tenant’s agents, contractors, employees, invitees other amounts or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)expenses attributable to such interruption. Tenant shall have waives the right of self-help if Landlord fails to fulfill its obligations pursuant make repairs at Landlord's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the terms extent the Premises are located in California, the provisions of this LeaseCalifornia Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature).

Landlord’s Obligations. Landlord shall maintain keep in good order, condition and repair the structural parts of the Building, which structural parts consist only of the foundation, subflooring, exterior walls (i) excluding the foundations, roof, perimeter interior of all walls and the exterior windows and interior of all structural aspects windows, doors, ceilings, and plate glass), and roof of the Building, and all plumbing and electrical facilities leading up to (iibut not situated within) all nonstructural aspects the Building, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms of this Lease, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed caused by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be Alterations made by Tenant pursuant or by Tenant's agents, employees or contractors. It is an express condition precedent to this Article. all obligations of Landlord to repair and maintain that Tenant shall have no responsibility to make any repairs unless and until notified Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord maintenance. 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 make repairs and deduct the expenses of such repairs from Tenant or after Landlord otherwise becomes awarethe Rent due under this Lease. Landlord shall make every reasonable effort to perform all such repairs or keep in good order, condition, repair and maintenance in such the Building's HVAC system and roof, and shall maintain an HVAC system preventive maintenance service contract from a manner (in its judgment) so as to cause minimum interference with Tenant qualified vendor for the purpose of maintaining the Building's HVAC system, and a roof maintenance service contract from a qualified vendor for the Premises but Landlord shall not be liable to Tenant for any interruption or loss purpose of business pertaining to such activitiesmaintaining the Building's roof. Landlord shall have determine in its sole discretion whether any such vendor is qualified. Any and all costs of any maintenance or repair of the right HVAC system or the roof (including without limitation the cost of maintaining HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable solely by Tenant for the year in which such cost is incurred. Landlord may elect, in its sole discretion, to require paint the exterior of the Building and/or to replace or perform capital improvements to any area or aspect of the Building which Landlord is required keep in good order, condition and repair. If Landlord decides, in its sole discretion, to replace the roof of the Building during the Term, then the cost of so replacing the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the roof (as determined by Landlord in its sole discretion) (the "Useful Life"), and the entire amount of such amortized costs and interest shall be included in the monthly Common Area Maintenance Costs payable solely by Tenant during the entire period over which such costs are amortized, until Tenant has paid to Landlord that any damage caused proportion of the total amount of such amortized costs equal to (a) the number of months remaining during the Term as of the date such roof replacement was completed, divided by (b) the willful misconduct number of Tenant or any months of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant Useful Life; provided that in no event shall such proportion exceed one hundred percent (without limiting Landlord’s other remedies herein100%). For the purposes of example only and not by way of limitation, if the Building's roof is replaced twenty-four (24) months before the end of the Term, at a cost of Fifty Thousand Dollars ($50,000.00), and the Useful Life is one hundred twenty (120) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Sixteen and 67/100ths Dollars ($416.67) per month, with interest at the Interest Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the balance of the Term shall equal Four Hundred Sixteen and 67/100ths Dollars ($416.67), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Ten Thousand Dollars It is the express intent of the parties that except as specifically set forth in this Paragraph 17.A, Landlord shall have no obligation whatsoever to repair or maintain the Building, and that Tenant shall have be responsible for performing all repair, operation, and maintenance of the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of Building except for those tasks specifically described in this Lease.Paragraph 17.A.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to cause the Common Areas to be maintained in reasonably good order and condition, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which latter damage shall be paid for by Tenant. In addition, Landlord shall make necessary repairs to more than one tenant’s premises, or which no tenant the exterior foundations and roof of the Building is required to maintain Buildings, and repairthe plumbing, including all electrical and other utility systems and facilities necessary for the operation serving but which are located outside of the Building Premises, and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary exterior walls of the Buildings (excluding, however, repairs to the Building standard mechanicalwindows, HVAC, electricaldoors and plate glass), and plumbing systems in or servicing the Premises (load-bearing walls and load-bearing columns, if any, within the cost of which Premises, provided that Landlord shall not be included in Operating Expenses under Article 4), excluding repairs obligated hereby to do any work required to be made done because of any damage caused by any act, omission or negligence of Tenant pursuant to this Articleand its invitees, licensees, their respective officers, agents and employees or their customers. Landlord shall have no responsibility When necessary by reason of accident or other cause occurring in the Buildings or in the Premises, or in order to make any repairs unless or alterations or improvements in or relating to the Buildings or the Premises, Landlord reserves the right to interrupt the supply of electricity, water and until Landlord receives written notice gas or any other utility and also to suspend the operation of the need for heating and air conditioning system, where there shall be one installed in the Buildings, until said repairs, alterations or improvements shall have been completed. There shall be no abatement in rent because of any such repair interruption or otherwise becomes aware. suspension, however, Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless pursue such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every work with reasonable effort to perform all such repairs or maintenance continuity, diligence and dispatch and in such a manner (in its judgment) so as to cause a minimum of interference with Tenant and Tenant's use of the Premises but and, whenever reasonably possible, Landlord shall not be liable to will provide Tenant for with at least twenty four (24) hours advance written notice of any such interruption or loss suspension of business pertaining to such activitiesservices. Landlord shall have maintain the right to require that any damage caused by landscaping on the willful misconduct Land and periodically paint and repair the exterior surfaces of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, the Buildings and the cost thereof shall be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasean Operating Cost.

Landlord’s Obligations. Landlord Landlord, at Landlord's expense shall maintain (i) keep the foundations, roof, perimeter walls foundation and exterior windows walls (except plate glass; windows, doors, door closure devices and all structural aspects other exterior openings; window and door frames, molding, locks and hardware; special store fronts; lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installations, equipment and fixtures; signs, placards, decorations or advertising media of the Building, and (ii) all nonstructural aspects of the Building which relate any type; damage caused by break-ins or attempted break-ins to the Common Areas Demised Premises; and interior painting) and roof (excluding, however, damage to flashing around rooftop air conditioning units caused by the activities of Tenant or to more than one tenant’s premisesTenant's contractors, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included Tenant's expense) in Operating Expenses under good repair. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires; and the provisions of the previous sentence are expressly recognized to be subject to the provisions of Article 4), excluding XV and Article XVI of this Lease. In the event that the Demised Premises should become in need of repairs required to be made by the Landlord hereunder, Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives give immediate written notice of the need for such repair or otherwise becomes aware. thereof to Landlord; and Landlord shall not be liable responsible in any way for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received until a reasonable time shall have elapsed after receipt by Landlord from of such written notice. Further, to the extent Tenant or after fails to timely notify Landlord otherwise becomes aware. pursuant hereto, Tenant shall be responsible for the additional costs incurred by Landlord shall make every reasonable effort to perform all effect such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any result of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if 's failure to timely notify Landlord fails to fulfill its obligations pursuant to the terms of this Leasethereof.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building, ) and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain Property in good condition and repair. If plumbing pipes, including all systems electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and facilities necessary for Landlord shall cause the operation of the Building repairs to be completed within a reasonable time at Landlord's sole cost and the provision of services and utilities as required herein (expense except to the extent that the repairs were made necessary by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees. Tenant shall, at its sole cost and expense, be responsible for the repair and maintenance of any of supplementary HVAC or other such system installed in the foregoing items are installed by or on behalf ofPremises at Tenant's request and exclusively serving the Premises, or are the property of, Tenant). Landlord shall also make all necessary structural repairs except to the Building and extent the repairs were made necessary by the negligence or wilful misconduct of Landlord, its employees, agents or contractors. Except as provided in Section 9.3, there shall be no abatement of rent or liability to Tenant on account of any necessary injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Building standard mechanical, HVAC, electrical, and plumbing systems Property or any part thereof. Tenant expressly waives the benefits of any statute now or hereafter in or servicing effect which would otherwise afford Tenant the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure right to make repairs at Landlord's expense or to perform any maintenance unless such terminate this Lease because of Landlord's failure shall persist for an unreasonable period of time after written notice of to keep the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance Property in such a manner (in its judgment) so as to cause minimum interference with Tenant good order, condition and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Landlord shall maintain (i) keep the foundationsBusiness Park, including the foundation, exterior walls, roof, perimeter and common area of the Business Park, and the equipment whether used exclusively for the Premises or in common with other premises, in good condition and repair subject to reimbursement by Tenant in accordance with ¶5. There shall be no abatement of Rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs made by Landlord to the Business Park or any part thereof. Notwithstanding the above, Landlord, at Landlord’s cost, shall repair and maintain the structural parts of the Premises which structural parts include only the foundation, exterior walls (excluding the surfaces of all walls and the exterior windows and interior of all structural aspects windows, doors, plate glass, showcases and interior ceiling), roof structure (but not roof membrane), columns and foundations of the BuildingPremises unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional Rent, the reasonable cost of such maintenance and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except repairs to the extent that any of the foregoing items are installed such cost is not covered by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareinsurance proceeds received Landlord. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord shall fail to commence to make such failure shall persist for an unreasonable period of time repairs or perform such maintenance within thirty (30) days after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant or after Landlord otherwise becomes aware. Tenant, except in the event of an emergency in which case Landlord shall make every reasonable effort commence to perform all as soon as practicable possible. In event Landlord fails to perform such maintenance or commence such repairs or maintenance with in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)time period set forth above. Tenant shall have the right, after five (5) days written notice to Landlord, to perform the repairs or maintenance which are the subject of the notice at Landlord’s cost and Landlord shall reimburse Tenant for the reasonable costs Tenant incurred in performing Landlord’s obligations under this ¶13.a.; provided, however, that in no event shall Tenant have the right to offset against Rent or other sums owing under this Lease, any amount so incurred by Tenant. There shall be no abatement of self-help if Rent and no liability of Landlord fails by reason of any injury to fulfill its obligations pursuant or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to or maintenance of any portion of the terms Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Except for the cost of repairing and maintaining those structural portions of the Premises as described in the first sentence of this Lease¶13.a., the cost of any repair, maintenance, alteration or improvement provided for herein and which is paid for by Landlord shall be included in the Operating Expenses as defined in ¶5.

Landlord’s Obligations. Subject to Tenant's obligations under Article 22.1 and Landlord's further obligations, if any, under Article 24.2, Landlord shall, at the expense of Tenant and all other tenants of the Shopping Center, repair and maintain in good and tenantable condition the roof, exterior walls, structural parts of the Premises and Building (including the structural floor) and HVAC system serving the Premises. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects ▇▇▇▇ Tenant for Tenant's Proportionate Share of the Buildingcost of such repairs and maintenance as a part of Common Area Costs under Article 24 hereof. Landlord shall, at Landlord's expense, contract with the most qualified and most reasonable service company for the monthly maintenance of the HVAC system serving the Premises. Landlord may ▇▇▇▇ Tenant for the cost of such HVAC maintenance contract and repairs as part of Common Area Costs under Article 24 hereof. Notwithstanding anything to the contrary contained herein, (1) Tenant shall be responsible for the cost of repairs to the HVAC system serving the Premises (which Landlord shall ▇▇▇▇ to Tenant as a part of Common Area Costs under Article 24 hereof), and (ii2) all nonstructural aspects Tenant shall be responsible at its expense for making any repairs necessitated by reason of the Building which relate willful misconduct or gross negligence of Tenant, or by reason of the failure of Tenant to perform or observe any of its obligations under this Lease or by reason of alterations, additions, or improvements to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleTenant. Notwithstanding the foregoing, Landlord shall have the right (but shall not be required to) make such repairs so necessitated by Tenant. If Landlord elects to make such repairs on Tenant's behalf, and such repairs were necessary because of Tenant's willful misconduct or gross negligence, Tenant shall pay to Landlord any such reasonable costs incurred by Landlord promptly following receipt of a ▇▇▇▇ therefor. It is understood and agreed that Landlord is under no responsibility obligation to make any repairs unless and until Landlord receives written notice of the need for such repair repairs, alterations, replacements or otherwise becomes aware. Landlord shall not be liable for any failure improvements to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but or the mechanical equipment exclusively serving the Premises at any time except as expressly set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable to Tenant for any interruption or loss failure to make repairs required of business pertaining Landlord hereunder unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to such activities. Landlord commence and complete those repairs within a reasonable period of time (which shall have the right to require that any damage caused by the willful misconduct of Tenant or any in no event be more than five (5) days following receipt of Tenant’s agents, contractors, employees, invitees or customers, be paid for 's notice and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant b) to the terms extent that Landlord's insurance pays Landlord for any repair or maintenance that has been paid by or charged to ____________________ ______________________ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ shall pay such amount of this Leaseinsurance proceeds to Tenant, regardless of whether the repair or maintenance was necessary because of Tenant's negligence or misconduct.

Landlord’s Obligations. Landlord shall repair, maintain in good and tenantable condition (iand in compliance with Legal Requirements and requirements of the insurance underwriter(s) for the foundationsShopping Center) and replace, as necessary, the roof, perimeter walls exterior walls, and exterior windows structural parts of the Premises (including the structural floor), and all structural aspects Utility Installations serving the Premises on a nonexclusive basis (except where the appropriate utility company performs such duties) or that form a centralized Air Conditioning System serving the Premises on a nonexclusive basis. In no event shall Landlord be required to make repairs necessitated by the negligence or willful acts of Tenant or anyone claiming under Tenant, because of the Building, and (ii) all nonstructural aspects failure of Tenant to perform or observe any term or condition of the Building which relate to the Common Areas or to more than one tenant’s premisesLease, or which no tenant because of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (Improvements made by Tenant except to the extent that any of otherwise covered by the foregoing items are installed by or on behalf of, or are insurance Landlord is required to carry under the property of, Tenant)Lease. Landlord shall also make all necessary structural repairs be under no obligation to repair, replace or maintain the Premises or the mechanical equipment exclusively serving the Premises at any time, except as the Lease expressly provides. Notwithstanding anything to the Building and any necessary repairs to contrary contained in the Building standard mechanicalLease, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not in any way be liable to Tenant for any failure to make repairs or to perform any maintenance as herein specifically required of it unless such failure shall persist for an unreasonable period of time after written notice Tenant has previously notified Landlord of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period following receipt of Tenant's notification. As used in this Article 12, "exterior walls" shall exclude storefronts, plate glass, window cases or maintenance is received window frames, doors or door frames, security grilles or similar enclosures. The definition of Common Area Expenses includes all work performed by Landlord from Tenant or after Landlord in accordance with this Section except as otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance expressly provided for in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows windows, and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Except as specifically provided in this Lease, Landlord shall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and Tenant assumes full responsibility for obtaining and paying for all services, facilities and utilities to the Premises. Landlord will repair, replace and maintain (i) the foundationsBuilding Systems, the Exterior Area, and the structural portions of the Premises, including the foundation, floor/ceiling slabs, roof, perimeter walls curtain wall, mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, and exterior windows and all structural aspects elevators (collectively, the “Building Structure”). Tenant shall notify Landlord in writing when it becomes aware of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and need for any repair, including all systems maintenance or replacement which is Landlord’s responsibility under this Section. The costs of such repair, replacement and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which maintenance shall be included in Operating Expenses; provided, however, that Operating Expenses will not include costs (and Tenant will not be billed for such costs) for any capital repair to or replacement of the Building Structure (excluding the costs of non-capital repair and maintenance of the Building Structure). Notwithstanding the foregoing, Tenant shall reimburse Landlord upon written demand as Additional Rent for the cost of any repair to the Premises, Building Structure, Building Systems or Exterior Area which is attributable to the conduct (other than Tenant’s use of the Premises in the ordinary course of business) of Tenant or Tenant’s Agent. This reimbursement shall be Additional Rent. Tenant hereby waives and releases any right it may have under Article 4)any law, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility statute or ordinance now or hereafter in effect to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting which are Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of obligation under this LeaseSection.

Landlord’s Obligations. Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows windows, and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s 's premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any routine or ordinary necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing Plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4, unless such costs are capital in nature), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord otherwise becomes awareis aware that repairs are needed. Landlord shall not be liable for any failure have thirty (30) days in which to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord after receiving notice from Tenant or otherwise becoming aware of the need, unless such repairs or maintenance cannot be completed within such thirty (30) day period. In such case, Landlord shall diligently commence and pursue the completion of such repairs and/or maintenance within such thirty (30) day period. If such repairs and maintenance cannot be completed with thirty (30) days or a reasonable time thereafter so long as Landlord is diligently pursuing completion of same, then Tenant's Rent shall abat▇ ▇▇▇mencing on the forty-fifth (45th) day after Landlord otherwise becomes awarecommences the repair and maintenance for each day until completion. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain (i) the foundationsExcept for 4100, roof4102, perimeter walls 4104, 4106, 4108 and exterior windows and 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost portions of which shall be included maintained, repaired and kept in Operating Expenses under good order, condition, repair and structurally sound by Tenant during the Lease Term and as provided in Article 4Five (Damage or Destruction) and Article Six (Condemnation), excluding repairs required to be made Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Premises (including painting the exterior surface of the exterior when Landlord deems it necessary in his sole and absolute discretion) and all pipes and conduits located beyond the boundaries of the Premises except for those installed by Tenant pursuant to this Articleor for the Tenant. Landlord shall have no responsibility not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make any repairs unless and until Landlord receives under this Section within a reasonable time after receipt of written notice from Tenant of the need for such repair repairs. At Landlord’s request, Tenant shall remove at Tenant’s sole expense all equipment installed by Tenant and all equipment for which Tenant is responsible from any area being maintained, replaced or otherwise becomes awareneeding repair. In the event Tenant fails to comply with this provision, Landlord shall not be liable for is relieved from any failure obligation to make repairs repairs, but if Landlord determines to make such repairs, maintenance or to perform any maintenance unless replacements, Landlord may remove and put back such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable equipment without liability to Tenant for any interruption result of such moving except for damage caused by Landlord’s gross negligence or loss of business pertaining to such activities. willful misconduct, and Landlord shall have the right to require that any damage caused include all costs related to the moving of such equipment as additional charges payable by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the which Tenant (without limiting shall pay upon demand. If Tenant delays Landlord’s other remedies herein). maintenance, repair and/or replacement, Tenant shall have reimburse Landlord for all increases in costs and increases in scope of work arising from the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasedelay.

Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall maintain (i) keep the following in good order, condition and repair: the foundations, roof, perimeter exterior walls and roof and other structural elements of the Property (including painting the exterior windows surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all structural aspects components of the Buildingelectrical, mechanical, plumbing, heating and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all air conditioning systems and facilities necessary for located in the operation Property which are concealed or used in common by tenants of the Building 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 provision interior surfaces of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)exterior walls. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost under this Section 6.03 within a reasonable time after receipt of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice from Tenant of the need for such repairs. If any portion of the Property or any system or equipment in the Property which Landlord is obligated to repair cannot be fully repaired or otherwise becomes aware. restored, Landlord shall not promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). (b) 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 failure statute in effect now or in the future which might give Tenant the right to make repairs at Landlord’s expense or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort terminate this Lease due to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have failure to keep the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeaseProperty in good order, condition and repair.

Landlord’s Obligations. Tenant shall give immediate notice to Landlord if the Premises are damaged by fire or other casualty, and this Lease shall continue in full force and effect except as set forth below. If the Premises shall be partially damaged by any casualty insured against in any insurance policy maintained by Landlord, Landlord shall maintain repair the Premises upon receipt of insurance proceeds. Until such repair is complete, the Basic Rent and Additional Rent shall be abated proportionately as to any portion of the Premises rendered untenantable. If, however, by reason of such occurrence (ia) the foundations, roof, perimeter walls and exterior windows and all structural aspects Premises are rendered wholly untenantable; or (b) the Premises are damaged as a result of a risk which is not covered by insurance; or (c) the Premises are damaged during the last 24 months of the Building, and Term or of any renewal; or (iid) all nonstructural aspects of insurance proceeds or a portion thereof are applied by the Building which relate lender to the Common Areas satisfaction of Landlord’s mortgage on the Building; or to more than one tenant’s premises, (e) the Premises or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except damaged to the extent that any of 50% or more of the foregoing items are installed then-monetary value thereof, Landlord may either elect to repair the damage or may cancel this Lease by or on behalf ofnotice of cancellation within 60 days after such event and thereupon this Lease shall expire upon the date specified in such notice as fully and completely as if such date were the date set forth above for the termination of this Lease and Tenant shall forthwith quit, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building surrender and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing vacate the Premises (without prejudice to Landlord’s rights and remedies against Tenant under the cost Lease as in effect prior to such termination. In that case Tenant’s liability for rent upon the termination of which this Lease shall cease as of the date of the occurrence of such casualty. If Landlord elects to repair any such damage, Tenant shall cooperate with Landlord’s restoration by promptly removing from the Premises all of tenant’s salvageable inventory and moveable equipment, furniture and other property. Tenant’s liability for rent shall resume 5 days after notice the Premises have been repaired. If the damage is caused by the negligence of Tenant or its employees, agents, invitees or concessionaires, there shall be included in Operating Expenses under Article 4no abatement of rent. Except for abatement of rent (if any), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make claim against Landlord for any repairs unless and until Landlord receives written notice damage suffered by reason of the need for any such damage, destruction, repair or otherwise becomes aware. Landlord restoration, nor shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that terminate this Lease as the result of any damage caused by the willful misconduct of Tenant statutory provision now or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant hereafter in effect pertaining to the terms damage and destruction of this Leasethe Premises or the Building, except as expressly provided herein.

Landlord’s Obligations. Landlord warrants that as of the Lease Date, the Leased Premises are (1) in good working order and condition (including but not limited to all structural, electrical, HVAC, suppression, and mechanical systems, warehouse floors, truck courts/curbing, fencing, dock equipment, and lighting) and (2) in compliance with all applicable governmental rules and regulations, including (but not limited to) the Americans with Disabilities Act specifically related to ingress and egress and restrooms. ▇▇▇▇▇▇▇▇ agrees to cooperate with Tenant in the enforcement by Tenant, at Tenant's sole cost and expense, of any manufacturer's warranties or express warranties or guaranties of workmanship or materials given by subcontractors or materialmen that guarantee or warrant against defective workmanship or materials which benefit the Leased Premises. Landlord shall maintain (i) except in the foundationsevent of casualty or other damage contemplated in Section 16 hereof, roof, perimeter walls in which event the terms of Section 16 will control and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary except for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct negligence or default hereunder of Tenant or any of by Tenant’s agents, contractors, its employees, invitees agents or customersinvitees) only the roof, foundation, the structural soundness of the exterior walls of the Building (excluding all windows, window glass, plate glass, and all doors) and fire suppression system in good repair and condition, except for reasonable wear and tear; however, Landlord shall have no obligation to undertake any such maintenance until after Tenant has provided Landlord written notice thereof. Landlord's maintenance and repair costs under this Section 8(d) shall be paid for and performed by included as a Common Area Maintenance Expense, except as expressly excluded from the Tenant (without limiting Landlord’s other remedies herein)definition of "Common Area Maintenance Expenses" above. Tenant shall have give immediate written notice to Landlord of the right of self-help if need for repairs or corrections and Landlord fails shall proceed within a reasonable time after receiving such notice to fulfill its obligations pursuant make such repairs or corrections. ▇▇▇▇▇▇▇▇'s liability hereunder shall be limited to the terms cost of this Leasesuch repairs or corrections.

Landlord’s Obligations. Landlord shall agrees to repair and maintain (i) at Landlord's sole cost, the structural portions of the Building which shall include all structural walls, foundations, roofconcrete subflooring, perimeter roof replacement and major repair, the plumbing and electrical wiring in or below structural walls and exterior windows subflooring (except as may have been installed by Tenant), and all structural aspects replacement of substantial portions of the Buildingasphalt within the parking/drive areas (except to the extent such replacement is required as a result of Tenant's abuse of such areas), and (ii) all nonstructural aspects as Operating Expenses, the exterior of the Building Building, landscaping, cleaning, resealing and restriping parking/drive areas, repair of roof leaks, the sprinkler and fire life safety systems, exterior painting, exterior window washing, and exterior lighting and fixtures; unless such maintenance and repairs are caused in part or in whole by the negligence or willful misconduct of Tenant, its agents, servants, employees or invitees, in which relate case Tenant will pay to Landlord, as additional rent, the Common Areas or to more than one tenant’s premises, or which no tenant reasonable cost of the Building is required to maintain such maintenance and repair, including all systems repairs. All repairs and facilities necessary for the operation of the Building maintenance will be performed in an expeditious and the provision of services good and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)workmanlike manner. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given to Landlord by Tenant. In the event Tenant is unable to conduct business from the Premises during customary business hours as a result of damage to the Premises for which Landlord from Tenant or after has the responsibility to repair pursuant to this Paragraph 14(a), then Landlord otherwise becomes aware. Landlord shall make every hereby agrees to use its commercially reasonable effort efforts to promptly and diligently perform all such repairs or maintenance in after receiving written notice of the need of such a manner (in its judgment) so as to cause minimum interference with repairs from Tenant. Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have waives the right to require that make repairs at Landlord's expense under any damage caused law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature). Notwithstanding anything to the contrary contained in this Paragraph 14(a), if the performing of repairs, alterations or improvements in or to any portion of the Premises by Landlord unreasonably interferes with Tenant's ability to conduct business on the willful misconduct of Tenant Premises or any substantial portion thereof during customary business hours, such that by reason of such repairs, alterations or improvements, Tenant does not conduct business in the Premises or any substantial portion thereof for more than one (1) business day following written notice to Landlord, then Tenant’s agents's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is impeded. This provision shall not apply in case of damage to, contractorsor destruction of, employeesthe Premises, invitees or customerswhich situation shall be governed by a separate provision of this Lease. Notwithstanding the foregoing, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help may not ▇▇▇▇▇ rent if Landlord fails disputes Tenant's right to fulfill its obligations ▇▇▇▇▇ or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and pursuant to the terms of this LeaseParagraph 45 hereof.

Landlord’s Obligations. Landlord shall maintain (i) and keep in good repair the foundations, exterior walls, structural portions of the roof, perimeter walls and exterior windows and all other structural aspects portions of the Building, and shall maintain the electrical, plumbing, and heating, air conditioning, and ventilation (ii"11VAC") equipment in the Building, except any portions of this equipment that may be specially installed for Tenant or otherwise altered by Tenant in connection with Tenant's Premises Alterations, if any, or otherwise, or that exclusively serve the Premises; and except that all nonstructural aspects of the Building which relate damage or injury to the Common Areas or to more than one tenant’s premisesPremises, the Building, or which no tenant of the Building is required to maintain equipment and repair, including all systems and facilities necessary for improvements in the operation of the Building Premises and the provision of services and utilities as required herein (except to the extent that Building, caused by any of the foregoing items are installed by or on behalf ofact, neglect, misuse, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and omission of any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which duty by any Tenant Party shall be included in Operating Expenses under Article 4), excluding repairs required to be made paid for by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareTenant. Landlord shall not be liable for any failure to make any required repairs or to perform any required maintenance unless such this failure shall persist for an unreasonable period time (taking into account the nature and urgency of time the repair or maintenance) after written notice of the need for such the repairs or maintenance is received given by Landlord from Tenant or after Landlord otherwise becomes awareto Landlord. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable responsible for any interruption, inconvenience, or annoyance to Tenant for or Tenant's business caused by any interruption repairs, restoration, or loss maintenance required to be made by Landlord under this Agreement, and Tenant shall not reduce or withhold any portion of business pertaining any Rent payment without a prior final judicial determination of Tenant's right to such activitiesdo so. Tenant waives and releases its right to make repairs at Landlord's expense under any law, statute, or ordinance in effect now or in the future. Landlord has no obligation to make any improvements, Alterations (as defined in this Lease), repairs, or maintenance to the Premises before or during the Term except as specifically set forth in the Lease, and in no event shall Landlord have any obligation under this Lease to make any repairs, maintenance, or replacements to the right to require that any damage caused by interior portion of the willful misconduct Premises, including, without limitation, carpeting, window coverings, wall coverings, windows, or painting of Tenant or any of Tenant’s agents, contractors, employees, invitees 's property or customers, be paid for and performed by the Tenant Premises Alterations (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of as defined in this Lease).

Landlord’s Obligations. Except as provided in Sections 8.02 and 8.03 below, Landlord shall maintain (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to in good order and repair throughout the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain Lease Term and repair, including all systems and facilities shall as necessary for the operation of (as reasonably determined by Landlord) repair latent defects in the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made if not caused by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of or its employees, agents or contractors ) the need for such repair or otherwise becomes aware. Premises; provided, however, that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received given to Landlord by Landlord from Tenant Tenant. Notwithstanding the foregoing, if Landlord's failure to make any required maintenance or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner repair (in its judgmenta) so as to cause minimum interference with Tenant and materially impairs Tenant's use of the Premises but or a substantial portion thereof, and (b) continues for more than ten (10) consecutive business days, then commencing on the eleventh (11th) business day following Landlord's receipt of written notice of such failure from Tenant, Tenant's obligation to pay Net Rent (defined in Section 7.02 above) shall abat▇ ▇▇ proportion to the magnitude of the impairment until such time as said maintenance or repair is performed. If Landlord and Tenant disagree on the amount of Net Rent to be abated, said dispute shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations resolved pursuant to the terms ADR Process described in Section 27.21 below. Except as provided in the immediately preceding sentence or in Article XI, there shall be no abatement of this LeaseRent, nor shall there be any liability of Landlord, by reason of any injury or inconvenience to, or interference with, Tenant's business or operations arising from the making of, or failure to make, any maintenance or repairs in or to any portion of the Building.

Landlord’s Obligations. Landlord shall at Landlord's expense maintain the roof (iexcluding skylights, smoke hatches and roof vents) and the foundationsstructural components of the Premises including, the structural components of the roof, perimeter walls foundations and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects walls of the Building which relate in good repair, reasonable wear and tear excepted. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. The reference to the Common Areas or to more than one tenant’s premises, or which no tenant structural components of the Building is required to maintain and repairroof as used herein shall not include skylights, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by smoke hatches or on behalf of, or are the property of, Tenant)roof vents. Landlord shall also make all necessary structural perform on behalf of Tenant and other tenants of the Project the maintenance of the public and Common Areas of the Project including, but not limited to, repairs and maintenance to the Building roof (including skylights, smoke hatches and any necessary repairs to roof vents), the Building standard mechanicallandscaped areas, HVACparking areas, electricaldriveways, the truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, electric and telephone equipment servicing the building(s), exterior lighting, and plumbing systems in or servicing anything which affects the Premises (operation and exterior appearance of the cost of Project, which determination shall be included at Landlord's reasonable discretion. Tenant shall reimburse Landlord for all such costs in Operating Expenses under accordance with Article 4), excluding V hereof. Any damage caused by or repairs required to necessitated by any act of Tenant may be made repaired by Landlord at Landlord's option and at Tenant's expense. Tenant pursuant to this Articleshall immediately give Landlord written notice of any defect or need of repairs. Landlord shall have no responsibility reasonable opportunity after Tenant notifies Landlord with respect thereto or Landlord otherwise has actual knowledge of such defect or need of repairs, to make such repairs. Landlord's liability with respect to any repairs unless and until defects, repairs, or maintenance for which Landlord receives written notice is responsible under any of the need for such repair or otherwise becomes aware. Landlord provisions of this Lease shall not be liable for any failure limited to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period the cost of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasemaintenance.

Landlord’s Obligations. Landlord shall maintain (i) in good condition and repair, reasonable wear and tear excepted, and in a manner consistent with comparable first class office buildings in the Milpitas/North San ▇▇▇▇ area, the roof, foundations, roof, perimeter walls floor slabs and exterior windows and all structural aspects walls of the Building, and all Building systems, including, without limitation, elevator, plumbing, HVAC, electrical, security, life safety and power (ii) all nonstructural aspects of collectively, the "Base Building which relate to the Common Areas or to more than one tenant’s premisesComponents"), or which no tenant of the except that Base Building is required Components shall exclude, and Tenant shall be obligated to maintain and repair, at Tenant's sole cost and expense, any supplemental systems (including all systems air-conditioning systems), and facilities necessary equipment used in connection therewith, installed specifically for the operation Tenant, as part of the Building and the provision of services and utilities as required herein (except Tenant's initial Alterations to the extent that Premises or any of the foregoing items are installed by subsequent Alterations. The term walls as used herein shall not include windows, glass or on behalf ofplate glass, doors, special store fronts or are the property ofoffice entries. The term roof as used herein shall not include skylights, Tenant)smoke hatches or roof vents. Landlord shall also make all necessary structural repairs to maintain in good condition and repair, reasonable wear and tear excepted, the Building Common Areas, including, but not limited to, the landscaped areas, parking areas, driveways and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems cafeteria. Tenant shall reimburse Landlord for Landlord's costs of complying with its obligations under this Section 12.B. in or servicing the Premises (the cost of which shall be included in Operating Expenses under accordance with Article 4), excluding repairs required to be made by Tenant pursuant to this Article4 above. Landlord shall have no responsibility to make any repairs to the Premises that are otherwise required hereunder unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any uninsured damage caused by the willful misconduct of Tenant or any of Tenant’s 's agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s 's other remedies herein). Tenant , and in addition, Landlord shall have the right to require that Tenant pay Landlord for the deductible with respect to any insured damage caused by the willful misconduct of self-help if Landlord fails to fulfill its obligations pursuant to the terms Tenant or any of this LeaseTenant's agents, contractors, employees, invitees or customers (without limiting Landlord's other remedies herein).

Landlord’s Obligations. Landlord shall maintain (i) and keep in good repair the foundations, roofexterior walls, perimeter walls structural portions of the roof and exterior windows and all other structural aspects portions of the Building, and (ii) shall maintain the electrical, plumbing, heating and ventilating equipment in the Building, except such portions thereof as may be specially installed for Tenant or otherwise altered by Tenant in connection with Tenant’s work or otherwise; and except that all nonstructural aspects of damage or injury to the Premises, the Building which relate to or the Common Areas equipment and improvements therein caused by any act, neglect, misuse or to more than one tenant’s premisesomission of any duty by Tenant or by any persons who may be in or upon the Premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for or the operation Project with the express or implied consent of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which Tenant shall be included in Operating Expenses under Article 4), excluding repairs required to be made paid by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareTenant. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for of such repairs or maintenance is received given by Tenant to Landlord. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Other than Landlord’s obligation to provide phone and cable connections to the designated main electrical/communications room for each floor pursuant to Exhibit G hereto, Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so makes no warranty as to cause minimum interference with the quality, continuity or availability of the telecommunications services in the Building, and Tenant and the Premises but hereby waives any claim against Landlord shall not be liable to Tenant for any interruption actual or consequential damages (including damages for loss of business pertaining business) if Tenant’s telecommunications services in any way are interrupted, damaged or rendered less effective, except to such activities. Landlord shall have the right to require that any damage extent caused by the gross negligence or willful misconduct of Tenant Landlord, its agents or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Except as otherwise provided in Section 6.1 above, Landlord shall maintain (i) the foundationsshall, roofat its sole cost and expense, perimeter walls maintain, in good repair and exterior windows and all structural aspects of the Buildingcondition, and (ii) service all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation portions of the Building and the provision of Premises including, but not limited to, the foundation, roof, ceilings, floor coverings, downspouts, gutters, plumbing fixtures, utility lines, windows, doors, plate glass, exterior, interior, and demising walls, and all systems in the Building, including, but not limited to, heating, ventilating, air conditioning, and electrical systems, elevators, lighting facilities, boilers, fired or unfired pressure vessels, fire alarm and/or smoke detection systems and equipment and any other Utility Installations that are not owned by Tenant. In addition, Landlord shall perform or cause to be performed all maintenance, repair and other services and utilities as required herein (except to the extent that Common Areas and the Land, as and when the same are reasonably necessary to maintain such areas in good condition and repair, including, but not limited to, landscape maintenance, driveway and parking area maintenance for the parking areas, any of the foregoing items are installed by private streets and roadways serving or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs providing access to the Building and any necessary repairs to the Land, exterior lighting maintenance, waste removal, repair and maintenance of walkways, cleaning supplies, miscellaneous building supplies, external painting for the Building, exterior and interior Common Area maintenance, insect and pest extermination, security guards or security system for the Building, signs for the Building standard mechanicaland other miscellaneous maintenance. In addition, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until accept from Tenant for disposal (by Tenant's depositing such items for storage as specified by Landlord receives written notice in writing) Tenant's spent Hazardous Substances (in quantities generally comparable with those generated by the Business as of the need date of this Lease) ("Spent Materials") for disposal in accordance with Applicable Law. To the extent that the third-parties who haul away such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to Spent materials require that any damage caused by the willful misconduct owner of such Spent Materials sign the manifest or other documentation, Tenant shall sign such manifest or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by other documentation as the Tenant (without limiting Landlord’s other remedies herein)owner thereof. Tenant shall have reimburse Landlord for Landlord's actual, documented, third-party costs incurred in having such Spent Materials hauled away from the right Land and Building in accordance with Applicable Law. Tenant shall pay any amounts owing to Landlord under the preceding sentence within thirty (30) days following Landlord's delivery of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasea written invoice, together with supporting documentation, for any such amounts.

Landlord’s Obligations. Landlord shall maintain (i) complete the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate improvements described in Exhibit A according to the Common Areas or to more than one tenant’s premisesschedule set forth therein, except that obtaining necessary permits, or which no tenant of other circumstances beyond the Building is required to maintain and repairParties’ control, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except may require modifications to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)schedule. Landlord shall also make all necessary structural repairs notify Tenant of such delays, and shall in any event complete the improvements no later than one hundred eighty (180) days after beginning work on the improvements. Subject to the Building remainder of this Article V and all provisions in this Lease relating to damage, destruction or condemnation of the Premises, as improved according to Exhibit A, Landlord shall maintain, repair and keep in good condition, the foundation, the roof, any necessary repairs to the Building standard mechanical, HVAC, electricalroof coverings, and plumbing systems exterior walls (excluding the interior and exterior finish surfaces of exterior walls, windows, window frames and doors) of any building on the Premises, including after the improvements described in Exhibit A. If Landlord shall be called on to make any such repairs occasioned by the negligent act or servicing omission of Tenant, its employees, agents, servants, customers and other invitees, the Premises (the entire cost of which such repair shall be included borne by Tenant. Except as provided above and in Operating Expenses under Article 4)Exhibit A, excluding it is intended by the Parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of Tenant. Landlord shall use reasonable efforts to cause any repairs required for which it is responsible to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leasepromptly.

Landlord’s Obligations. Landlord shall maintain (i) in good condition and repair, reasonable wear and tear excepted, and in a manner consistent with comparable first class office buildings in the Milpitas/North San ▇▇▇▇ area, the roof, foundations, roof, perimeter walls floor slabs and exterior windows and all structural aspects walls of the Building, and all Building systems, including, without limitation, elevator, plumbing, HVAC, electrical, security, life safety and power (ii) all nonstructural aspects of collectively, the “Base Building which relate to the Common Areas or to more than one tenant’s premisesComponents”), or which no tenant of the except that Base Building is required Components shall exclude, and Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, any supplemental systems (including all systems air-conditioning systems), and facilities necessary equipment used in connection therewith, installed specifically for the operation Tenant, as part of the Building and the provision of services and utilities as required herein (except Tenant’s initial Alterations to the extent that Premises or any of the foregoing items are installed by subsequent Alterations. The term walls as used herein shall not include windows, glass or on behalf ofplate glass, doors, special store fronts or are the property ofoffice entries. The term roof as used herein shall not include skylights, Tenant)smoke hatches or roof vents. Landlord shall also make all necessary structural repairs to maintain in good condition and repair, reasonable wear and tear excepted, the Building Common Areas, including, but not limited to, the landscaped areas, parking areas, driveways and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems cafeteria. Tenant shall reimburse Landlord for Landlord’s costs of complying with its obligations under this Section 12.B. in or servicing the Premises (the cost of which shall be included in Operating Expenses under accordance with Article 4), excluding repairs required to be made by Tenant pursuant to this Article4 above. Landlord shall have no responsibility to make any repairs to the Premises that are otherwise required hereunder unless and until Landlord receives written notice of the need for such repair or otherwise becomes awarerepair. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareTenant. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its reasonable judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any uninsured damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant , and in addition, Landlord shall have the right to require that Tenant pay Landlord for the deductible with respect to any insured damage caused by the willful misconduct of self-help if Landlord fails to fulfill its obligations pursuant to the terms Tenant or any of this LeaseTenant’s agents, contractors, employees, invitees or customers (without limiting Landlord’s other remedies herein).

Landlord’s Obligations. Landlord shall maintain keep in. good order, condition and repair (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the Building, which structural parts include only the foundation and (ii) all nonstructural aspects of the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation subflooring of the Building and the provision structural condition of services the roof and utilities as required herein the exterior walls of the Buildings (except but excluding the elevators, interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plate glass which shall be maintained and repaired by Tenant), (d) the roof membrane, and (iii) the common areas of the Project. For purposes of this Lease, the common areas of the Project shall mean those areas outside of the Buildings which are for the benefit of all of the tenants in the Project (e.g., the landscape and parking areas, lighting, sidewalks, driveways and the utility pipes, conduits and Hues which rim from the street to each Building and between each of the Buildings). The costs incurred by Landlord to perform the foregoing obligations to the extent they are deemed “Operating Costs” (as defined in Section 2C) shall be passed through to Tenant and any other tenants in the Project, except that any damage to any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the negligence or willful misconduct acts or omissions of Tenant or any of Tenant’s agents, contractors, employees, invitees subtenants, licensees or customersinvitees, or by reason of the failure of Tenant to perform or comply with any term of this Lease, or caused by Tenant or Tenants agents, employees or contractors during the performance of any work shall be paid for and performed repaired by the Tenant (without limiting Landlord, solely at Tenant’s expense, or at Landlord’s election, such repairs shall be made by Tenant, at Tenant’s expense, with contractors approved by Landlord. It is an express condition precedent to all Landlord’s repair and maintenance obligations hereunder that Tenant shall have Landlord notification of the need for any repairs or maintenance; provided that any notification shall not affect Landlord’s obligation to perform routine periodic maintenance (e.g., landscape maintenance) during the Lease Term. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenants right to make repairs and deduct: the expenses of such repairs from the Rent due under ibis Lease. Landlord shall make available to Tenant copies of all warranties with respect to the repair and maintenance of the structural parts of the Building, as described in clause (i) above, the roof membrane and the common areas of the Project and shall use reasonable efforts (other remedies herein)than the commencement of any litigation) to enforce such warranties to the extent the same may serve to reduce Tenant’s obligation to reimburse Landlord for costs and expenses related thereto. Landlord shall use commercially reasonable efforts to enforce the terms of such warranties. In the event Tenant notifies Landlord in writing of an item needing immediate repair and there is no dispute concerning the need for such repair, the scope of the repair or that Landlord is the party responsible for such repair, then Landlord shall commence and complete such repair within the responsible within fifteen (15) day period following Landlord’s receipt of Tenant’s repair notice, unless the nature of the repair is such that more than fifteen (15) days is required to complete such repair in which case Landlord shall commence the repair within such fifteen (15) day period and thereafter diligently prosecute the same to completion. In the event Landlord fails to dispute or commence the repair within such fifteen (15) day period, then Tenant shall have the right right, but not the obligation, to cause the repair of selfsuch item and to submit an invoice to Landlord for the reasonable out-help if of-pocket costs incurred by Tenant for the same (including reasonable supporting documentation for the same), and Landlord fails shall pay such amount to fulfill its obligations pursuant to the terms Tenant within thirty (30) days of this Leasereceipt of Tenant’s invoice and related documentation for such work.

Landlord’s Obligations. (a) Landlord shall maintain keep the Building and Common Areas (i) including the foundationsparking areas, roofwalkways, perimeter walls driveways, landscaping and exterior windows lighting, structures, floors, subfloors, slabs, glass, ceilings, common or party walls, as well as the roof and all structural aspects exterior of the Building, and (ii) all nonstructural aspects the plumbing, heating, lighting and other building standard electrical equipment, ventilating equipment, air conditioning equipment, and the elevators or escalators and life safety systems, but excluding the interior of the Building which relate Premises and space leased to other occupants of the Common Areas or to more than one tenant’s premisesBuilding) in good condition and repair. If Tenant becomes aware that plumbing, pipes, electrical wiring, or which no tenant HVAC ducts or vents within the Premises (that are not part of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are separate system or equipment installed by or on behalf offor Tenant) are in need of repair, or are Tenant shall notify Landlord promptly upon becoming aware of the property ofsame, Tenant). and Landlord shall also make all necessary structural cause the repairs to the Building be completed within a reasonable time and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which thereof shall be included in Operating Expenses under Article 4)Expenses. Except as provided in Section 9.3, excluding there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, alterations or repairs required to be made by Landlord to the Property or any part thereof. To the extent permitted by law, and except as expressly provided in paragraph (b) below, Tenant pursuant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this ArticleLease because of Landlord’s failure to keep the Property in good order, condition and repair. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to Landlord of the need to make such repairs, and Landlord has failed to commence to make such repairs within thirty (30) days after receipt of such notice (provided that, in the case of any failure posing an imminent threat to Tenant’s property or to perform the safety of occupants, Tenant shall so advise Landlord and such 30-day period will be shortened to that which is commercially reasonable under the particular circumstances), or fails thereafter to proceed with reasonable diligence to complete such repairs. (b) If (i) Landlord fails to make any maintenance unless such failure shall persist for an unreasonable period repair to the Premises after receipt of time after written notice of the need therefor and within the time period described in paragraph (a) above, and (ii) as a result of such failure there is interference with Tenant’s ability to use the Premises for the reasonable conduct of Tenant’s business, and (iii) such failure to repair involves only an area within the Premises and does not involve the structure of the Building or any of the electrical, mechanical or plumbing systems in the Building that serve areas other than the Premises, then Tenant may give Landlord a second notice of such failure and stating that Tenant intends to cure such failure. A copy of such notice shall be delivered to Landlord’s managing agent (in addition to any other parties required hereunder), and the envelope in which any such notice or copy is delivered shall be marked in prominent lettering “NOTICE OF FAILURE — IMMEDIATE RESPONSE REQUIRED.” If Landlord shall fail to advise Tenant within five (5) additional business days after receipt of such notice that Landlord has commenced to restore such services or utilities, then Tenant may (as its sole remedy) commence and thereafter diligently pursue the same to completion (provided that, in the case of any failure posing an imminent threat to Tenant’s property or to the safety of occupants, Tenant shall so advise Landlord and Tenant shall not be required to wait for such repairs additional 5-day period before commencing repairs). Tenant shall undertake any such work using qualified contractors and suppliers, and in complete accordance with all applicable laws, codes and ordinances. Once Tenant commences such restoration, Tenant shall not discontinue or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes awareabandon the same without Landlord’s consent, which shall not be unreasonably withheld. Landlord shall make every reimburse Tenant for the actual and reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable out-of-pocket cost to Tenant for any interruption or loss of business pertaining to completing such activitiesrestoration, within thirty (30) days after receipt from Tenant of invoices evidencing the same. Landlord Tenant shall in no event have the right to require that deduct or offset any damage caused by the willful misconduct such amounts from payments of Tenant rent, additional rent or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed other amount payable by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of under this Lease.

Landlord’s Obligations. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Premises during the term of this Lease except as are set forth in this Section. Landlord shall maintain (i) only the foundationspool, pool locker rooms, HVAC system, phone system, common use data cabling, door access control, security system, plumbing, sewage, roof, perimeter walls foundation, parking and common areas, and the structural soundness of the exterior walls, exterior windows and all structural aspects of the Buildingdoors, corridors, and (ii) all nonstructural aspects other structures serving the Premises. Landlord recognizes the importance of senior programming within the community, and that providing that programming requires that the Building which relate to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain be operational for extended hours and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes awareweekends. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any failure to make repairs damage or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from inconvenience, and Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Landlord does not warrant that any of the services referred to above or any other services that Landlord may supply will be free from interruption. Tenant acknowledges that any one or more of such services may be suspended if there is a strike, an accident, or if repairs or improvements must be made for reasons beyond Landlord’s control. Any such interruption or discontinuance of service shall never be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, or render the Landlord liable to Tenant for any interruption damages by abatement of rent or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of otherwise, or relieve Tenant or any from performance of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of under this Lease.

Landlord’s Obligations. Landlord shall maintain (i) keep in good order, condition and repair the foundations, roof, perimeter walls and exterior windows and all structural aspects parts of the Building, which structural parts include, but are not limited to, the foundation, subflooring, existing below grade plumbing, exterior walls, roof structure and (ii) all nonstructural aspects roofing, except for any damage thereto caused by the negligence or willful, acts or omissions of Tenant or of Tenant's agents, employees or invitees, or by reason of the Building which relate failure of Tenant to the Common Areas perform or to more than one tenant’s premisescomply with any terms, conditions or covenants in this Lease, or caused by Alterations made by Tenant or by Tenant's agents, employees or contractors, which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, shall be Tenant)'s responsibility. Landlord shall also make all necessary structural repairs maintain, repair and replace the HVAC system for the Premises and Tenant shall reimburse Landlord for the maintenance costs thereof, as and when billed by Landlord. If such HVAC system is not separately metered to the Building and any necessary repairs to the Building standard mechanicalPremises, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which Tenant shall be included in Operating Expenses under Article 4)billed for its proportionate share of such maintenance cost as reasonably determined by Landlord. At Landlord's option, excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by Tenant to maintain and repair the willful misconduct HVAC and for it to be maintained in good condition at all times and Tenant shall obtain an HVAC system preventive maintenance contract with bi-monthly service which shall be subject to the reasonable approval of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be Landlord and paid for by Tenant and performed by which shall provide for and include replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil change and other preventive maintenance. If the Landlord's repairs materially interfere with Tenant's use of the Premises for more than ten (10) days, the Monthly Rent shall ▇▇▇▇▇ until the repairs are complete or until Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right has substantial use of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this LeasePremises again, whichever occurs first.

Landlord’s Obligations. Throughout the Lease Term, Landlord shall, at Landlord's Expense, maintain, repair and replace all structural members, walls, footings, roofs, floors and doorways and other material parts of the buildings located on the Leased Property and the parking lots and driving lanes, and shall maintain, repair and replace all mechanical, plumbing, electrical, heating, ventilating and air conditioning systems and all utility metering equipment and facilities and other parts of the Leased Property; except that Tenant shall be responsible for maintenance of all Installations, Material or otherwise, and, subject to the provisions of Section 11.3, Tenant shall be responsible for the repair or replacement of all structures, systems and facilities damaged to the extent caused by Tenant's or Tenant's Affiliates' negligence. Landlord shall be responsible for all Corrective Action on the Property and glass replacement upon the Leased Property. Landlord shall, at Landlord's expense, maintain (ithe Common Area in a clean, safe and operable condition, except for Tenant's cleanup obligations as set forth in Section 4.5(a) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Buildinghereof, and (ii) make all nonstructural aspects of the Building which relate necessary repairs, replacements and improvements to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Area. Landlord shall also make pay all necessary structural repairs utility charges and expenses pertaining to the Building and any necessary repairs Leased Property; provided that, if Tenant is performing waste processing on the Leased Premises, then during such periods Tenant shall be obligated to pay the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the increased cost of which the utilities used in connection with such processing. Any maintenance, repair, replacement or improvement performed by Landlord on the Leased Property shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received performed by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable minimize any disruption to Tenant for any interruption or loss of Tenant's business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaseoperations.

Landlord’s Obligations. Provided that no Event of Default shall have occurred and then remain uncured, Landlord shall maintain (i) keep in good condition and repair the foundations, roofexterior walls, perimeter walls structural condition of the interior bearing walls, and exterior windows and all structural aspects the roof of the Building, as well as any parking lots, parking structures, walkways, driveways, landscaping, fences, signs, and (ii) all nonstructural aspects utility installations of the Building which relate common areas. Landlord's obligations under this Subsection shall not apply to any non-insured damage or wear and tear caused by any breach or default by Tenant under this Lease or by any negligent or willful act or omission of Tenant or the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant)Tenant Parties. Landlord shall also make all necessary structural not be obligated to perform repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost for which Tenant has expressly assumed responsibility under other provisions of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleLease. Landlord shall have no responsibility obligation to make any repairs unless and under this Subsection until Landlord receives written a reasonable time after receipt of notice from Tenant of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein)repairs. Tenant shall have hereby acknowledges that the right foregoing description of self-help if certain obligations and rights of Landlord fails is not intended to fulfill its obligations pursuant to the terms limit or restrict Landlord's rights under other provisions of this LeaseLease to reimbursement for costs and expenses incurred in connection with such matters.

Landlord’s Obligations. Landlord Subject to the limitations on Landlord's obligations as set forth in Article 9, and except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents, employees, or invitees, Landlord, at Landlord's expense, shall maintain keep in good order, condition and repair the structural components of the (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects exterior walls and (iii) roof of the Building which relate to Premises. Notwithstanding the Common Areas foregoing, Landlord shall not be responsible for any such maintenance, upkeep or to more than one tenant’s premises, or which no tenant repairs of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except Premises to the extent that any of the foregoing items are installed same may be made necessary by or on behalf arise from Tenant's placement or servicing of, or are other activities in relation to the property location of, equipment on the roof (or penetration of the roof by such equipment) of the Premises (regardless of Tenant's having obtained, prior to the placement of any such equipment, the written approval of Landlord in accordance with Article 7.5 hereof), and Tenant shall be solely responsible for and shall pay the full cost of any such maintenance, upkeep or repairs. Landlord shall also make all necessary structural repairs be obligated to the Building and any necessary repairs to the Building standard mechanicalpaint such exterior walls as reasonably required, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleLandlord's sole judgement. Landlord shall have no responsibility not be required to maintain the interior surface of exterior walls, windows, doors or place glass. In the event Landlord paints the exterior walls of the Premises, Landlord shall pay the costs thereof provided, that if the painting of such walls is made necessary because of Tenant's extraordinary or any acts of Tenant or its agents, employees, independent contractors, quests or invites use of the Premises or Tenant's failure to exercise ordinary care in its use and occupation of the Premises, all of Landlord's costs and expenses in connection with painting the exterior walls shall be borne by Tenant and shall become due and payable as Additional Rent together with Tenant's next rental installment. Landlord shall make any repairs unless and until Landlord receives under this Article 7.1 within a reasonable time after receipt of written notice of the need for such repair or otherwise repairs, which notice Tenant shall give promptly after it becomes aware. Landlord shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice aware of the need for such repairs repairs. Tenant expressly waives the benefits of any statute now or maintenance is received by Landlord from hereafter in effect which would otherwise afford Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by make repairs at Landlord's expense, to deduct the willful misconduct cost of Tenant repairs from Base Rent payable to Landlord or any to terminate this Lease because of Tenant’s agentsLandlord's failure to keep the Premises in good order, contractors, employees, invitees or customers, be paid for condition and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Leaserepair.

Landlord’s Obligations. Landlord shall maintain maintain, in a condition similar to other first-class office buildings in the Boston market and in material compliance with all applicable Laws (other than those Laws applicable to a tenant’s unique use and occupancy of its premises or to any alterations or other work performed by, on behalf of, or at the request of, such tenant), (i) the foundations, roof, perimeter walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to the Building Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses to the extent permitted under Article 4), excluding repairs required to be made by Tenant pursuant to this ArticleArticle 12. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for damages arising from any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant (except as may otherwise be expressly provided in this Lease) for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require (subject to Article 8.C.) that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, contractors or employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant to the terms of this Lease.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects of Landlord shall cause the Building which relate repairs to the Common Areas or to more than one tenant’s premises, or which no tenant of the Building is required to maintain and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to be completed within a reasonable time. To the extent that any of such repairs involve any plumbing, electrical or HVAC equipment serving only the foregoing items are Premises or installed by or for Tenant, Tenant shall promptly pay the entire cost of the repairs to Landlord. Except as provided in Section 9.3, there shall be no abatement of rent or liability to Tenant on behalf ofaccount of any injury or interference with Tenant’s business with respect to any improvements, alterations or are repairs made by Landlord to the property ofProperty or any part thereof. To the extent permitted by law, Tenant)Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Property in good order, condition and repair. Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this Section 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice Landlord of the need for to make such repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct of Tenant or any of Tenant’s agents, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have the right of self-help if Landlord fails to fulfill its obligations pursuant proceed with reasonable diligence to the terms of this Leasecomplete such repairs.

Landlord’s Obligations. Landlord Landlord, at Landlord's expense, shall repair and ---------------------- maintain (i) the foundations, roof, perimeter foundations and structural exterior walls and exterior windows and all structural aspects of the Building, and (ii) all nonstructural aspects of the Building which relate to except for repairs are caused in whole or in part by the Common Areas negligence or to more than one tenant’s premiseswillful misconduct of Tenant, its agents, servants, employees or which no tenant of the Building is required to maintain and repairinvitees, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any such repairs would be covered by a policy of the foregoing items are installed insurance required to be maintained by or on behalf ofLandlord pursuant to this Lease, or are the property of, Tenant). in which case Tenant shall pay to Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which the maintenance and repairs caused in whole or in part by Tenant and not covered or potentially covered by insurance. Landlord may, at its option, elect to contract for the maintenance of the HVAC and charge the allocable costs thereof to Tenant. There shall be included no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in Operating Expenses under Article 4)or to the fixtures, excluding repairs required to be made appurtenances and equipment therein caused by Tenant pursuant to this Article. the gross negligence or willful misconduct of Landlord or its agents, and provided further that in no event shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not be liable for any failure consequential damages related to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need for such repairs or maintenance is received by Landlord from Tenant or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have maintain the right Common Areas subject to require that any damage caused by reimbursement of its expenses pursuant to Section 2. Notwithstanding the willful misconduct of Tenant or any of Tenant’s agentsforegoing, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have be solely responsible, at Tenant's sole expense, to perform any alterations which are required due to Tenant's particular use or configuration of the right Premises (as opposed to office or industrial uses generally) or because of self-help if Landlord fails to fulfill its obligations pursuant any alterations voluntarily made to the terms of this LeasePremises by Tenant. Landlord shall be responsible, at Landlord's sole expense, for making, maintaining and repairing any other alterations to the Premises or Building required by law.

Landlord’s Obligations. Landlord shall maintain keep the Building (i) excluding the foundations, roof, perimeter walls interior of the Premises and exterior windows and all structural aspects space leased to other occupants of the Building) in good condition and repair. If plumbing pipes, electrical wiring, or HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and (ii) all nonstructural aspects Landlord shall cause the repairs to be completed within a reasonable time, and Tenant shall immediately pay the entire cost of the Building which relate repairs to Landlord. Except as provided in SECTION 9.3, there shall be no abatement of rent or liability to Tenant on account of any injury or interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Common Areas Property or any part thereof. To the extent permitted by law, Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to more than one tenant’s premisesterminate this Lease because of Landlord's failure to keep the Property in good order, or which no tenant of the Building is required to maintain condition and repair, including all systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein (except to the extent that any of the foregoing items are installed by or on behalf of, or are the property of, Tenant). Landlord shall also make all necessary structural repairs to the Building and any necessary repairs to the Building standard mechanical, HVAC, electrical, and plumbing systems in or servicing the Premises (the cost of which shall be included in Operating Expenses under Article 4), excluding repairs required to be made by Tenant pursuant to this Article. Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or otherwise becomes aware. Landlord shall not never be liable for any failure to make repairs which Landlord has undertaken to make under the provisions of this SECTION 7.1 or elsewhere in this Lease, unless Tenant has given notice to perform any maintenance unless Landlord of the need to make such failure shall persist for an unreasonable period of repairs, and Landlord has failed to commence to make such repairs within a reasonable time after receipt of such notice, or fails to proceed with reasonable diligence to complete such repairs. Landlord represents to Tenant that, as of the date hereof, Landlord has not actually received any written notice from any governmental or judicial agency claiming that the Premises are in violation of any applicable laws. If, during the Term of this Lease, any alterations or modifications to the Building or the Premises shall be required by the Americans With Disabilities Act of 1990 ("ADA"), and such requirement was in effect and applicable to the Premises or the Building, as the case may be, on the date of this Lease and the need for such repairs alteration or maintenance modification is received by Landlord from Tenant not due to the particular needs of any employee, invitee or after Landlord otherwise becomes aware. Landlord shall make every reasonable effort to perform all such repairs or maintenance in such a manner (in its judgment) so as to cause minimum interference with Tenant and the Premises but Landlord shall not be liable to Tenant for any interruption or loss of business pertaining to such activities. Landlord shall have the right to require that any damage caused by the willful misconduct contractor of Tenant or to any breach by Tenant of its covenants or obligations hereunder or to any use by Tenant of the Premises other than general business offices then, subject to Landlord's right to contest the validity or applicability of any such requirement, and provided that the Building or the Premises (as the case may be) does not have the benefit of any "grandfather" clause or similar waiver or exception, Landlord shall be responsible for complying with such requirements, and Tenant shall not bear any portion of the cost of such compliance. Notwithstanding any of Tenant’s agentsthe foregoing to the contrary, contractors, employees, invitees or customers, be paid for and performed by the Tenant (without limiting Landlord’s other remedies herein). Tenant shall have be solely responsible for making any accommodations or providing any equipment or furnishings required under ADA or any comparable state or local law, regulation or ordinance as a result of the right needs of self-help if Landlord fails to fulfill its obligations pursuant to the terms any employee, invitee or contractor of this LeaseTenant.