Common use of Landlord’s Obligations Clause in Contracts

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

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

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

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

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

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

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

Landlord’s Obligations. Except as otherwise provided in this Lease, Landlord will keep and maintain the following in good, clean and fully operative order, condition and repair, and in compliance with all applicable Requirements, reasonable wear and tear excepted: (a) Landlord shallthe footings, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wallslabs, floors, columns, exterior walls, exterior windows, plate glass, exterior doors, roof and other all structural components systems and elements of the Building, Building (iiincluding the structural integrity thereof); (b) the Common Areaselectrical, and lighting, mechanical (iii) Building mechanical, electricalincluding elevators), plumbing, elevator heating and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, air conditioning systems, improvements or other facilities and components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), other than those portions thereof that are located entirely within the Premises and serve no party other than Tenant; (c) light bulbs, tubes, ballasts and starters to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), (d) demising walls in the Building (other than those installed by Tenant, and excluding the interior surfaces of such walls located within the Premises or the premises of any other tenant), and (e) Common Area (subject to and in accordance with all other terms and conditions of this Lease relating to Common Area), including the surface area of any walls, windows, doors and plate glass within the Common Area. Tenant shall will reasonably require for its owners and employees. Within ten (10) days after receipt cooperate with Landlord to facilitate the performance of an invoice therefor from Landlord’s obligations under this Section 7.1, Tenant shall reimburse Landlord for including any cost incurred entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordproperly perform such obligations; provided, however, that Landlord will deactivate not materially and adversely interfere with Tenant’s use of the Premises during any electronic key card specifically identified such entry or temporary relocation. Notwithstanding the foregoing, if Tenant reasonably determines that any such temporary relocation of tenant’s personal property proposed by Tenant as having been lost. Upon expiration or earlier termination Landlord would materially and adversely affect Tenant’s use of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In additionthe Premises, Tenant shall have the right to install any additional security system for object to the Leased Premises at its sole cost same, in which event Landlord shall not be permitted to require such relocation; provided, however, that in the event Tenant so objects to such temporary relocation of Tenant’s personal property, and expense Landlord is not reasonably able to perform Landlord’s obligations set forth in this Section 7.1 without such relocation of Tenant’s personal property, then Landlord will not be required to perform such obligations unless and any until Tenant permits such installation shall constitute an Alteration (as defined in relocation. Landlord’s repair and maintenance obligations under this Section 6.2 hereof) for purposes are subject to the provisions of Articles 11 and 12 of this Lease; Lease regarding any casualty or Taking. The costs and expenses incurred by Landlord in performing its obligations under this Section will be included in Operating Expenses (but only to the extent provided under the definition thereof). In all events, (a) Landlord will perform Landlord’s prior written consent for obligations under this Section 7.1 in a manner so as to reasonably minimize interference with Tenant’s operations within the additional security system shall (i) be deemed to have been granted Premises, and (ii) not be conditioned upon a requirement for Tenant to remove the same. (db) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same reasonably cooperate with Landlord in their “as is” condition, without warranty of any kindconnection with such performance.

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

Landlord’s Obligations. (a) Landlord shallwill maintain and repair, and at its sole cost cost, all Travel Center parking areas in a manner in keeping with normal Travel Center operations and expense, make all necessary capital in a manner sufficient for proper installation and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components operation of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the BuildingUnits. Landlord shall additionally make certain minor ordinary course repairs allow Lessee’s employees access to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs public restrooms and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advancerestaurant facilities at each installed site. (b) Landlord will keep all Travel Center parking areas clear such that Lessee may install its Units without interruption and such that professional drivers have unimpeded access to the Units after installation. Landlord shall arrange for and supervise rubbish removalcooperate with Lessee to assist Lessee to complete its installation process, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Buildingbut Landlord shall not be required to incur any costs in this regard. (c) Landlord will allow prominent placement of advertising materials, vending machines and/or other equipment used in connection with the rental and promotion of the Units at each Travel Center with the placement to be mutually agreed upon prior to installation. (d) Landlord will allow, and provide space and servicing for, the retail sale of IdleAire pre-paid debit cards at each Travel Center and will collect all revenues therefor. Landlord will not permit any pre-paid debit card sales for any products or services of any competitor of Lessee at any Travel Center. Lessee shall provide Tenant with such number invoice Landlord on a monthly basis for all revenues owed by Landlord from the sale of keys and electronic key the IdleAire pre-paid debit cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within within ten (10) days after receipt of an invoice therefor from Landlord, Tenant each calendar month end and Landlord shall reimburse Landlord provide payment to Lessee for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards revenues within fifteen (15) days of invoice. (e) Landlord shall allow Lessee to Landlord. In additioninstall, Tenant shall have the right to install any additional security system for the Leased Premises at its Lessee’s sole cost and expense expense, underground, above ground and in the Equipment Area, all of the Units, mechanical supporting structures, distribution equipment, cabling and conduit for electrical power, telephone and cable television, centralized servers, routers and other equipment, utility service connections for electrical power, telephone, cable television and internet access, equipment and related items necessary for proper operation of the Units and to provide the Services throughout the truck parking areas at each Travel Center (the “IdleAire System”). (f) Landlord shall, for the Term of this Agreement (and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) renewal term), allow Lessee unimpeded access to the Premises of each Travel Center at which the Units are installed for purposes of this Lease; provided Landlord’s prior written consent maintaining, repairing, replacing and operating the IdleAire System and for the additional security system purpose of providing the Services. All such operations will be carried out by Lessee in a manner so as to give professional drivers substantially unimpeded access to the parking areas during periods of construction, maintenance, and repair. (g) Landlord shall make available to Lessee a sufficient area in which to install the IdleAire System, including: (i) be deemed to have been granted and such area as is required for the installation of Units; (ii) not be unlimited access to a secured air-conditioned upon a requirement interior area of approximately one hundred (100) square feet for Tenant the installation and operation of all monitoring equipment; and (iii) an area at the fuel desk and/or the travel store for installation of any equipment required for activation and rental of the Units (hereinafter collectively referred to remove as the same“Equipment Area”). Landlord shall allow Lessee an area in each travel center for the placement of an IdleAire kiosk for the purposes of promoting the sales of different components of the IdleAire system. (dh) Tenant acknowledges that it has inspected Lessee shall have continued access to the Leased Equipment Area and all parking areas for purposes of installing, repairing and monitoring the IdleAire System. So long as such activities do not impede landlord or other guests and invitees from using the parking areas at the travel center. Lessee shall take care and make every reasonable effort to minimize, to the extent practical, damage and disruption to the Premises and Landlord’s business operations during the mechanicalinstallation and operation of the IdleAire System at each Travel Center. Lessee will repair any material damage to the Travel Center which is caused by Lessee. However, electricalLessee shall not be responsible for any existing defects or deficiencies or the normal wear and tear to the parking lot or the Travel Center. (i) Landlord shall take no action to discourage, plumbing and heatinglimit or impair utilization of the Units, ventilation and air conditioning systems serving Services or the Leased Premises and IdleAire System. (j) In consideration of the Lease Consideration to be paid to Landlord hereunder, Landlord agrees that any rights with regard to accept the same in their “as is” conditiongeneration, without warranty sale, trading or other use of any kind[*** ***] which may result from the installation of the Equipment on the Truck Parking Areas shall be retained solely by Lessee.

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

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

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

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

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

Landlord’s Obligations. (a) From and after the Term Commencement Date and during the Term, Landlord shall, and at its sole cost and expense, shall make all necessary capital and non-capital repairs, replacements and replacements to renewals necessary: (i) to keep in good and sound condition the foundations, outer wall, roof foundation and other structural components structure of the Building, including but not limited to steel, footings, exterior walls, roof deck, main sprinkler line, roof membrane, and all underground or under-slab utilities; (ii) to keep the electrical, mechanical, plumbing, sprinkler and other systems serving the Building generally or the Common AreasAreas in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put; and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the keep all Common Areas, including the sidewalksparking areas, driveways driveways, walkways, and parking areaother improvements on the Property, in reasonably good condition, reasonably free of accumulations of snow, and sanded as applicableappropriate, serving and to keep all lawns and landscaped areas of the Building. (c) Landlord Property watered, fertilized and neatly trimmed. The cost of repairing damage by wrongful acts or negligence of Tenant or its agents, employees or invitees shall provide be charged to Tenant with such number as Additional Rent hereunder and, without limiting the generality of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordforegoing, Tenant shall reimburse Landlord be responsible for any loss, cost incurred or damage resulting from activities on the roof of the Building conducted by Tenant, its agents, employees and contractors which cause damage to the roof. Notwithstanding paragraph (a) above, so long as Tenant maintains and repairs the Dedicated Systems (which may include, without limitation, routine replacement of parts and components), and except for any replacement required as a result of misuse or neglect by Tenant, if despite such proper maintenance and repair, during the first two (2) Lease Years, any of the Dedicated Systems need to be replaced, Tenant shall so advise Landlord and Landlord shall replace the unit(s) or equipment in question, and no portion of the cost thereof will be charged to replace Tenant. The cost of any lost key or electronic key card such replacement made after the end of the second Lease Year shall be amortized over the reasonably useful life of the replacement in accordance with generally accepted accounting principles, and failure the monthly charge-off (including a reasonable interest factor, which shall be determined by reference to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord the interest rate then being charged for long-term mortgages by institutional lenders on similar properties within the vicinity of the Building) will deactivate any electronic key card specifically identified thereafter be payable by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to LandlordAdditional Rent hereunder. In additionno event, Tenant shall however, will Landlord have any responsibility to repair, maintain or replace the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration Supplemental Unit (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlordbelow), it being agreed that Tenant shall be solely responsible therefor at Tenant’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samesole cost. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall maintain the Building Common Area and Common Area, including the Building Systems and lobbies, stairs, elevators, corridors, restrooms, all exterior landscaping and windows serving the Building, and at its sole cost and expensethe roof, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof foundation and other structural components of the Building, (ii) the Common AreasBuilding itself, and all Building Systems (iiiincluding those portions of Building Systems located within the Premises) Building mechanicalexcept for damage not insured under Landlord’s insurance policies (excluding normal wear and tear), electrical, plumbing, elevator and HVAC systems servicing caused by the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair negligence or willful misconduct of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant. Any of such repairs necessitated by the 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 ownerssole cost and expense. The maintenance for the Building, agentsincluding without limitation the roof, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or foundation and 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 Xxxx Xxxxx Airport submarket of 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 Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them Building Property. Subject to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination Article 12 of this Lease, Tenant Landlord shall return all repair and 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 keys maintenance and electronic key cards to Landlord. In additionrepair is required in part or in whole by the active or passive negligence or willful misconduct of Tenant, its agents, employees, or contractors, Tenant shall have pay to Landlord the right cost of such maintenance and repairs, except to install any additional security system for the Leased Premises at its sole cost and expense and any extent Tenant has been relieved of such installation shall constitute an Alteration (as defined in liability under Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.11.6

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

Landlord’s Obligations. (a) Landlord shallshall keep in good order, condition and repair, at its Landlord’s sole cost and expense, make all necessary capital the roof membrane and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components parts of the Building, (ii) which structural parts include only the Common Areasfoundation, subflooring, roof structure, exterior walls and (iii) Building mechanical, electrical, exterior plumbing, elevator and HVAC systems servicing except that any damage thereto caused by the Buildingnegligence or willful misconduct of Tenant or Tenant’s agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant’s agents, employees or contractors, shall be repaired at Tenant’s expense. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premisesalso maintain in good order, including ceiling tile replacement, light bulb replacement in condition and repair the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components Areas of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for Outside Area of the Project and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for the cost thereof as provided in Paragraphs 17.C and 17.D. The manner in which the Common Area and the Outside Area shall be maintained and the expenditures therefor shall be at the sole discretion of Landlord. Landlord shall at all times have exclusive control of the Common Area and Outside Area and may at any cost incurred by time temporarily close any part thereof, exclude and restrain anyone from any part thereof, except the bona fide customers, employees and invitees of Tenant who use the Common Area and Outside Area in accordance with the rules and regulations as Landlord may from time to replace time promulgate, and may change the configuration or location of the Common Area and Outside Area. In exercising any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordsuch rights, Landlord will deactivate shall make a reasonable effort to minimize any electronic key card specifically identified by disruption of Tenant’s business. Tenant as having been lost. Upon expiration waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or earlier termination successor law regarding Tenant’s right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

Landlord’s Obligations. (a) 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 omission of Tenant or its agents, employees, contractors, customers or invitees, Landlord shallshall keep the following in good order, condition and at its sole cost repair, reasonable wear and expense, make all necessary capital and non-capital repairs, and replacements to (i) tear excluded: the foundations, outer wallslabs, roof and other structural components elevators, stairs, restrooms existing as of the BuildingEffective Date, exterior walls and roof of the Premises (iiincluding painting the exterior surface of the exterior walls of the Premises not more often than once every five (5) years, if necessary); the Common Areas, heating and (iii) Building mechanical, electrical, plumbing, elevator and HVAC air conditioning systems servicing the Premises (“HVAC System”) to the extent not covered by the preventive maintenance contract to be maintained by Tenant in Section 6.4(b) below; parking lot surfaces; and all components of electrical, mechanical, sprinkler, fire life safety and plumbing and other building systems and equipment not constructed by Tenant and improvements located outside the interior of the Premises. However, Landlord shall not be 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, or to provide janitorial services to the Premises or interior Common Areas during the time period that Tenant is leasing the entire Building (and, if the Building is multi-tenant, at Tenant’s request, Landlord shall provide janitorial services as part of Operating Expenses for Common Areas during such time as Tenant is not leasing the entire Building). Landlord shall additionally make certain minor ordinary course repairs to under this Section 6.3 within a reasonable time after receipt of written notice from Tenant of the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsneed for such repairs. Notwithstanding any of the foregoing or anything contained elsewhere terms and conditions set forth in this Lease to the contrary, if Tenant provides notice (or oral notice in the event of an “emergency,” as that term is defined, below) to Landlord shall reasonably determine that Tenant, of an event or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged circumstance which requires the action of Landlord with respect to repair and/or maintenance required on any of, the structures, systems, improvements or other components floor of the Building containing space leased by Tenant, including repairs to the Building structure and/or Building system located on such floors (and including the Building structure or Building systems not located on floor(s) of the Leased Premises described inBuilding leased by Tenant but which service any portion of the Premises), which event or contemplated by, this subsection, Landlord shall cause them circumstance with respect to be repaired the Building structure or replaced, as necessaryBuilding system materially or adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence corrective action within a reasonable period of time, given the cost thereof shall constitute circumstances, after the receipt of such notice, but in any event not later than thirty (30) days after receipt of such notice, then Tenant may proceed to take the required action upon delivery of an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within additional ten (10) business days’ notice to Landlord specifying that Tenant is taking such required action (provided, however, that the initial thirty (30) day notice and the subsequent ten (10) day notice shall not be required in the event of an emergency) and if such action was required under this Lease to be taken by Landlord and was not commenced by Landlord within such ten (10) business day period and thereafter diligently pursued to completion, then Tenant shall be entitled to take such action and receive prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action plus interest thereon at the Interest Rate. In the event Tenant takes such action, Tenant shall use only those contractors used by Landlord in the Building for work unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in Comparable Buildings. Promptly following completion of any work taken by Tenant pursuant to the terms and conditions of this Section 6.3(a), Tenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto. If Landlord does not deliver a detailed written objection to Tenant within thirty (30) days after receipt of an invoice therefor from Tenant, then Tenant shall be entitled to deduct from Rent payable by Tenant under this Lease, the amount set forth in such invoice. If, however, Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms and conditions of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive), then Tenant shall not then be entitled to such deduction from Rent. If Landlord objects to any deduction from Rent, Tenant may proceed to claim a default by Landlord and file an applicable action. If Tenant prevails in the action, the amount of the judgement (which shall include interest at the Interest Rate from the time of each expenditure by Tenant until the date Tenant receives such amount by payment or offset and attorneys’ fees and related costs) may be deducted by Tenant from the Rent next due and owing under this Lease. For purposes of this Section 6.3(a), an “emergency” shall mean an event threatening immediate and material danger to people located in the Building or immediate, material damage to the Building, Building systems, Building structure, tenant improvements, or alterations, or creates a realistic possibility of an immediate and material interference with, or immediate and material interruption of a material aspect of Tenant’s business operations. (b) Tenant shall pay or reimburse Landlord for any cost incurred all costs Landlord incurs under Section 6.3(a) above (excluding costs to correct latent or patent defects in the initial construction of the shell Building or Common Areas which shall be paid by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and expense) as Operating Expenses to the extent set forth in Section 4.2 of the Lease. Except as otherwise set forth herein, in no event shall Tenant be entitled to undertake any such installation shall constitute an Alteration (as defined maintenance or repairs, whether at the expense of Tenant or Landlord, and Tenant hereby waives the benefit of any statute or law in Section 6.2 hereof) for purposes of this Lease; provided effect now or in the future which might give Tenant the right to make repairs at Landlord’s prior written consent for expense or to terminate this Lease due to Landlord’s failure to keep the additional security system shall (i) be deemed to have been granted Premises in good order, condition and (ii) not be conditioned upon a requirement for Tenant to remove the samerepair. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

Landlord’s Obligations. (a) Landlord shallshall maintain the Common Areas as well as common areas of the Development, the exterior windows, roof, exterior walls in the Building, the mechanical, plumbing and electrical equipment and life safety systems serving the Building, landscaping, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components structure of the Building, (ii) the Common Areasitself, in reasonably good order and (iii) Building mechanical, electrical, plumbing, elevator condition and HVAC systems servicing the Buildingconsistent with a Class A office building. Landlord shall additionally make certain minor ordinary course repairs Damage to the Leased Premisesforegoing occasioned by your acts will be repaired by Landlord at your expense. Landlord's liability with respect to any defects, including ceiling tile replacementrepairs, light bulb replacement in or maintenance or the Common Areas, door repairs and repair curing of window treatment mechanicals. Notwithstanding such defect for which Landlord is responsible under the foregoing or anything contained elsewhere in provisions of this Lease shall be limited to the contrary, in the event that Landlord shall reasonably determine that Tenant, cost of such repairs or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building maintenance or the Leased Premises described in, or contemplated by, this subsectioncuring of such defect. To the extent economically practical and feasible, Landlord shall cause them will attempt to be repaired or replaced, as necessary, and perform its obligations under this Section 9.01(a) in a manner reasonably designed to minimize interference with the cost thereof shall constitute an Advance.conduct of your Permitted Use. Landlord: Tenant: RDM ----------- ------------- (b) Landlord agrees to furnish to the Premises janitorial services during the times and in the manner that such services are, in Landlord's reasonable judgement customarily furnished in comparable Class A office buildings in the immediate market area. The cost of such janitorial services will be included as part of the Operating Costs. You will not contract for separate janitorial services without Landlord's written consent which may be withheld in Landlord's sole discretion. Any such janitorial services contracted for separately by you shall arrange for be at your sole cost, risk and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Buildingresponsibility. (c) You will not, without the written consent of Landlord which consent will not be unreasonably withheld, use any apparatus or device in the Premises which will in any way increase the amount of electricity or water which Landlord determines to be reasonable for use of the Premises as general office space; nor connect with electrical current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device. If you require water, electrical current or any other resource in excess of that usually furnished, you shall first procure the consent of Landlord, which Landlord may refuse, and if not already installed, the Landlord may cause a special meter to be installed in the Premises, at your cost and expense, so as to measure the amount of water, electric current or other resource consumed. Notwithstanding anything in this paragraph to the contrary, electricity from the Premises shall be paid for by you as set forth in Section 13.01 of this Lease. (d) Interruptions of any service shall not be deemed an eviction or disturbance of your use and possession of the Premises, or render Landlord liable for damages by abatement of Rent or otherwise or relieve you from performance of your obligations under this Lease unless such interruptions are directly attributable to the grossly negligent or intentional acts of Landlord. Should any equipment or machinery furnished by Landlord cease to function properly, Landlord shall provide Tenant with such number use reasonable diligence to repair the same. Notwithstanding the terms of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlordthis Section 9.01, Landlord will deactivate any electronic key card specifically identified repair and maintain the HVAC system unless repairs are caused by Tenant as having been lost. Upon expiration or earlier termination your negligence. (e) Subject to the other provisions of this Lease, Tenant you shall return all such keys and electronic be afforded twenty four hour a day, seven day a week access to the Premises. After hours access to the Premises shall be by key cards to Landlordcard. In addition, Tenant You shall have the right to install restrict elevator access to the fourth floor of the Building by means of a card or code access system installed or to be installed by Landlord in the Building elevator system, provided, however, that the cost will be charged against the Landlord's Contribution . If any additional security other tenant of the Building desires to and actually does utilize the card or code access system for its Premises, then Landlord will collect from the Leased Premises at its sole tenant and reimburse to you an amount equal to the cost of the card or code access system charged against the Landlord's Contribution multiplied by a fraction the numerator of which is the rentable square footage of such tenant's premises and expense and any such installation shall constitute an Alteration the denominator of which is 75,000. (as defined in Section 6.2 hereoff) for purposes of this Lease; provided Landlord’s prior written consent Landlord will arrange for the additional provision of the following security system shall to the Building: (i) be deemed from 4:00 p.m. to have been granted 10:00 p.m. on Mondays through Fridays, excluding, however, holidays; and (ii) not weekend periodic verification that the exterior doors are locked. Nothing contained herein shall be conditioned upon a requirement for Tenant construed to remove prohibit Landlord from increasing the samesecurity being provided to the Building and all security costs are part of Operating Costs. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallshall keep in good order, condition and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components parts of the Building, which structural parts include only the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, ceilings, and plate glass), and the roof structure of the Building (but not the roof membrane), all unexposed plumbing and electrical facilities, and all gutters and downspouts, except for any damage thereto caused (i) by the negligence or willful acts or omissions of Tenant or of Tenant’s agents, employees or invitees, or (ii) by reason of the Common Areasfailure of Tenant to perform or comply with any terms of this Lease, and or (iii) Building mechanicalby Alterations made by Tenant or by Tenant’s agents, electrical, plumbing, elevator and HVAC systems servicing the Buildingemployees or contractors. Landlord shall additionally make certain minor ordinary course repairs be responsible for the costs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs maintain and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components such structural parts of the Building except the costs to repair the damage resulting from the causes described in clauses (i), (ii) or (iii) in the Leased Premises described in, or contemplated by, this subsectionpreceding sentence for which Tenant shall be responsible. In addition, Landlord shall cause them perform any alterations, additions or improvements required to be repaired or replacedmade to the Building in order to comply with applicable laws, as necessaryordinances, rules, regulations and orders that become effective after the date of this Lease, and all capital improvements required to be made in connection with the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping serviceoperation, maintenance and repair of the Building; provided, however, in accordance with Paragraph 5.C, any and all costs and expenses incurred by Landlord in performing any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life, as reasonably determined by Landlord, of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the need for such repairs or 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 the Rent due under this Lease. Landlord shall keep in good order, condition, repair and maintenance the Building’s HVAC system, any HVAC system exclusively serving any part of the Premises and the roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving purpose of maintaining the Building. ’s HVAC system and any HVAC system exclusively serving any part of the Premises, and a roof maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s roof. Landlord shall determine in its sole reasonable discretion whether any such vendor is qualified. Any and all costs of any maintenance or minor repair of the Building’s HVAC system or the roof (including without limitation the cost of maintaining Building’s HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs for the year in which such cost is incurred. Any and all costs of any maintenance or minor repair of any HVAC system exclusively serving any part of the Premises shall be payable solely by Tenant for the year in which such cost is incurred. Any and all costs of any replacement or major repair of the Building’s HVAC system or the roof, together with interest at the Amortization Rate, shall be amortized on a straight-line basis over the useful life of the item replaced or repaired (as determined by Landlord in its reasonable discretion), and the entire amount of such amortized costs and interest allocable to each month, multiplied by Tenant’s Building Share, shall be included in the monthly Common Area Maintenance Costs payable during the entire period over which such costs are amortized, until Tenant has paid to Landlord that 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 replacement or major repair was completed, divided by (b) the number of months of the useful life, multiplied by (c) Landlord Tenant’s Building Share; provided that in no event shall provide such proportion exceed one hundred percent (100%). Any and all costs of any replacement or major repair of any HVAC system exclusively serving any part of the Premises shall be payable solely by Tenant in accordance with the foregoing. Repairs to the Building’s HVAC system or the roof shall be deemed to be “minor” if the total aggregate cost of such number repairs is less than or equal to Ten Thousand Dollars ($10,000.00), and shall be deemed to be “major” if the total aggregate cost of keys such repairs exceeds Ten Thousand Dollars ($10,000.00). For the purposes of example only and electronic key cards not by way of limitation, if a replacement of part of the Building’s HVAC system is completed twenty-five (25) months before the end of the Term, at a cost of Twenty Thousand Dollars ($20,000.00), and the useful life of such replaced part of the HVAC system is fifty (50) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Dollars ($400.00) per month, with interest at the Amortization Rate, and (b) the amount to be included in the monthly Common Area Maintenance Costs payable solely by Tenant for the Leased Premises and balance of the Term shall equal Four Hundred Dollars ($400.00), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Three Thousand Dollars ($3,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Twenty Thousand Dollars ($20,000.00) multiplied by [Twenty-Five (25) Months divided by Fifty (50) Months], multiplied by Tenant’s Building as Share). Tenant shall reasonably require for its owners pay any and employees. Within all costs of any maintenance or repair of any HVAC system exclusively serving any part of the Premises (including without limitation an equitable portion of the HVAC system preventative maintenance contracts) directly to Landlord within ten (10) days after of receipt from Landlord of an invoice therefor from Landlordof such costs as Additional Rent. 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 incur any costs or expenses whatsoever with respect to the repair, operation, and maintenance of the Building, and that Tenant shall reimburse Landlord be responsible for any cost incurred by Landlord to replace any lost key Tenant’s Building Share of all costs and expenses arising from the repair, operation, and maintenance of the Building except those costs and expenses specifically described in this Paragraph 17.A. or electronic key card exclusively the costs and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by expense of Tenant as having been lost. Upon expiration or earlier termination of described in this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.Paragraph 17.A.

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

Landlord’s Obligations. Subject to the provisions of Article Seven (aDamage or Destruction) and Article Eight (Condemnation), Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) shall be responsible for keeping the foundations, outer wall, roof and other structural components of the BuildingBuilding in usable condition and repair, (ii) at Landlord's sole expense. Notwithstanding the Common Areasforegoing, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course all repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other structural components of the Building which are required because of the misuse or neglect of Tenant or its subtenants or the Leased Premises described inagents, employees or contemplated bycontractors of any of them shall be undertaken by Landlord at Tenant's sole expense, this subsectionor, at Landlord's election, by Tenant at Tenant's sole expense. Further subject to the provisions of Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall cause them to be repaired or replacedresponsible for, as necessaryat the expense of Tenant, maintaining and repairing the nonstructural roof and roof membrane, parking areas, landscape areas and truck courtyards, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for exterior surfaces of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number exterior walls of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees("Landlord Maintenance Items"). Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost The costs incurred by Landlord in connection with the Landlord Maintenance Items, including a reasonable management fee not to exceed four percent (4%) of such costs, shall be referred to herein as the "Landlord Maintenance Costs." If, for reason other than the misuse or neglect of Tenant or its subtenants or the agents employees or contractors of any of them, the nonstructural roof, roof membrane, parking areas or truck courtyards need to be replaced, or the exterior of the entire Building needs to be repainted (as opposed to general repair and maintenance efforts), then Landlord shall undertake same at Landlord's sole expense. The word "replaced," as used in the immediately preceding sentence, shall include repair costs which are of such a nature that, under generally accepted accounting principles, they should be treated as capital expenditures. Except as set forth in this Section 6.03, Landlord shall have absolutely no responsibility to repair, maintain or replace any lost key portion of the Property at any time. Tenant waives the benefit of any present or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by future law which might give Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for repair the Leased Premises Property at its sole cost and Landlord's expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes or to terminate the Lease due to the condition of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameProperty. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallSubject to the provisions of Sections 8.2 and 14, and except for damage caused by any negligent (but subject to the waiver of subrogation set forth in Section 13.4) or intentional act or omission (where Tenant has a duty under this Lease or applicable law to act) of Tenant or Tenant's employees, agents or contractors (collectively, the "Tenant Related Parties"), in which event Tenant shall repair the damage, at its sole cost and expense, make all necessary capital Landlord shall keep in good order, condition and non-capital repairs, and replacements to (i) repair the foundations, outer wall, roof and other structural components portions of the Building, including the foundation, floor/ceiling slabs, roof, exterior wall, window seals, vents, curtain wall, exterior glass and mullions, columns, beams, shafts (ii) including elevator shafts), stairs, landscaping, exterior foundations, stairwells, elevator cabs, men’s and women’s public washrooms located in the Common AreasPremises, parking areas, and the Building’s common areas (iiicollectively, "Building Structure") and those portions of the Building which are not occupied or leased by any tenant and shall also maintain and repair in good condition and operating order and keep in good repair and condition the basic mechanical, electrical, plumbinglife safety, elevator plumbing (to all points of supply to the Premises), sprinkler systems (connected to the core and HVAC any distribution throughout the Premises) and heating, ventilating and air conditioning systems servicing (including primary loops connected to the core and any distribution throughout the Premises) serving the Premises, and all costs incurred by Landlord in making any such repairs or performing such maintenance shall to the extent expressly permitted by Section 6.2, be Operating Expenses. Landlord shall also replace Building standard light bulbs and ballasts within the Premises and the Building’s common areas. 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 Premises in good order, condition and repair. Other than as specifically provided in this Lease and as to any Code Work required to be made by Landlord pursuant to the Tenant Work Letter), Landlord shall not be obligated to make any repairs or improvements of any kind, in, upon, about, or to the Premises or the Building, including without limitation, the performance of any action, which is the obligation of Tenant or any other tenant or occupant of the Building. If Landlord shall additionally make certain minor ordinary course repairs fails in the performance of any of Landlord’s obligations under this Lease pertaining to the Leased Premisesmaintenance or repair of the Premises and/or the Building (expressly excluding, including ceiling tile replacementhowever, light bulb replacement any repair obligations resulting from the occurrence of a fire, windstorm or other casualty which shall be governed by Article 14 or caused by the negligence (but subject to the terms and conditions of the waiver of subrogation set forth in Section 13.4) or willful misconduct of Tenant, any Tenant Related Parties) and such failure continues for forty-five (45) days after Landlord’s receipt of written notice thereof from Tenant (except in the Common Areascase of an emergency in which event such notice and cure period if any shall be to the extent reasonable given the totality of the circumstances giving rise to the emergency or an additional reasonable time after such receipt if (i) such failure cannot be cured within such forty-five (45) day period, door repairs and repair (ii) Landlord commences curing such failure within such forty-five (45) day period and thereafter diligently and continuously pursues the curing of window treatment mechanicalssuch failure) (each such failure constituting a "Landlord Failure"), then Tenant shall have the right, but not the obligation, to cure such Landlord Failure at Landlord’s expense and submit to Landlord an invoice for the actual out-of-pocket and commercially reasonable costs incurred by Tenant to cure such Landlord Failure (accompanied by reasonable back-up documentation); provided, however, that nothing contained herein shall be deemed, construed or held to give Tenant any right to perform, or cause to be performed, any work on the Building Structure, portions of the Building leased or occupied by other tenants, or the Building’s base building mechanical, electrical, life safety, plumbing (other than the systems, equipment, fixtures and appliances located within or otherwise serving the Premises), sprinkler systems or heating, ventilating and air conditioning systems other than the portion of the heating, ventilating and air conditioning systems from the VAV boxes to the Premises’ interior. Notwithstanding the foregoing or anything contained elsewhere Landlord shall, within thirty (30) days after receipt of such invoice, reimburse Tenant for such reasonable costs. If Landlord does not reimburse Tenant within thirty (30) days after receipt of Tenant’s invoice and back-up documentation, then, notwithstanding any provisions in this Lease to the contrary, Tenant shall be entitled to offset against the next installments of monthly Base Rent coming due under this Lease an amount equal to the actual reasonable expenses incurred by Tenant in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components connection with such cure of the Building or Landlord Failure. Any such offset by Tenant (once realized) shall be deemed and construed to be, (a) a full and final release and discharge of Landlord by Tenant of Landlord’s obligation to cure the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them Failure to be repaired or replaced, as necessary, the extent cured by Tenant; and the cost thereof shall constitute an Advance. (b) an express representation, warranty and covenant by Tenant to Landlord shall arrange for and supervise rubbish removalits mortgagee and their respective successors and assigns that (1) Tenant’s cure of the Landlord Failure was performed in accordance with all applicable laws, snow removalregulations, lawn codes or ordinances (including, but not limited to, applicable building codes, municipal ordinances, OSHA regulations and landscaping serviceregulations and requirements of Fire Insurance Rating Bureau); and (2) in performing any such work, maintenance and or repair for in connection with Tenant’s cure of the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant Failure with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlordspecific reference to Tenant's indemnity obligations set forth in Section 10.4(c), Tenant shall reimburse Landlord comply with its obligation under this Lease respecting lien free completion of such work. Tenant’s offset of any amounts permitted by this Section 10.1 constitutes Tenant’s sole and exclusive remedy for any cost incurred by Landlord Failure to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, the extent of Tenant’s cure of such Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameFailure. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Subject to Article 11, Landlord shallshall repair and maintain with reasonable diligence after notice thereof from Tenant, defects in, and at damage to, the Building Systems installed by Landlord and serving or located on the Premises. If such maintenance and repair is required in part or in whole by the act, neglect, misuse, fault or omission of any duty of Tenant, its sole agents, employees, contractors, licensees, Tenant’s subtenants shall pay to Landlord the cost of such maintenance and expense, make all necessary capital and non-capital repairs, and replacements Landlord shall have a direct right to seek such reimbursement or payment from Tenant’s subtenants (i) which right will be provided in each Sublease), except to the foundationsextent Tenant has been relieved of such liability under Section 10.5; provided, outer wallhowever, roof that Tenant’s direct liability to Landlord shall be limited to damage or maintenance and other structural components repair obligations arising out of Tenant’s own direct acts. Except as provided in Article 11, there shall be no abatement of rent with respect to, and Landlord shall not be liable for, any injury to or interference with Tenant’s or its subtenants’ business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Project or the Building, (ii) including the Common AreasPremises, or in or to the fixtures, appurtenances and (iii) Building mechanicalequipment therein. Further, electricalneither Landlord nor any partner, plumbingdirector, elevator and HVAC systems servicing the Building. officer, agent or employee of Landlord shall additionally make certain minor ordinary course repairs to be liable for any damage caused by other lessees or persons in or about the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that TenantProject, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged for any of, the structures, systems, improvements or other components consequential damages arising out of any loss of use of the Building Premises or the Leased Premises described in, any equipment or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified facilities therein by Tenant as having been lostor any person claiming through or under Tenant. Upon expiration or earlier termination of As a material inducement to Landlord entering into this Lease, Tenant shall return all such keys waives and electronic key cards releases its right to make repairs at Landlord. In addition’s expense under applicable law, statute or ordinance now or hereafter in effect, and Tenant shall have waives and releases the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of terminate this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameLease under applicable law or successor statute. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

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

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

Landlord’s Obligations. Landlord shall keep the Project (aexcluding the interior of the Premises and space leased to other occupants of the Project) Landlord shallin good condition and repair, and at its sole cost and expenseincluding without limitation, make all any necessary capital and non-capital repairs, repairs and replacements to (i) the foundationsexterior walls, outer wallwindows and doors, roof and other roof, floor slabs, structural components elements of the BuildingProject, and (ii) the Common Areas, and (iii) Building mechanicalincluding all heating, electricallife-safety, plumbing, elevator ventilating, air-conditioning, electrical and HVAC mechanical systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in serving the Common Areas, door all subject to reimbursement permitted by Section 5.1 hereinabove. If plumbing pipes, electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall advise Landlord (telephonically or otherwise), and Landlord shall cause the repairs to be completed within a reasonable time, and, unless necessitated by the negligent or intentional acts of Tenant, its agents, employees or contractors, the entire cost of the repairs shall be considered an Operating Expense and, unless expressly excluded pursuant to Section 5.1, reimbursed in accordance with Section 5.1 herein. 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 Project or any part thereof. 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 Project in good order, condition and repair. All repairs and repair of window treatment mechanicals. Notwithstanding the foregoing maintenance required to be performed by Landlord pursuant to this Section 8.1 or anything contained elsewhere in this Lease to shall be performed in a manner consistent with the contrary, services provided in similar buildings of the same age and quality and which are centrally located in the event that Landlord Cedar Knolls, New Jersey area. Nothing in this Section 8.1 shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant waiver of Tenant’s right to remove the samea claim of constructive eviction. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, Except for repairs and replacements to the Premises that Tenant must make under Section 8.1 above, Landlord shall pay for and make all other repairs and/or replacements to the Premises. Landlord shall commence such repairs and/or replacements within thirty (i30) days of receiving, from Tenant, written notice of the foundationsneed for the repairs and/or replacements. Such repairs, outer wallreplacements and maintenance’s shall include the upkeep of the roof, roof structures and other supports, HVAC, sprinkler system, gutters, downspouts, foundation, exterior walls, storefront, and all structural components of the BuildingPremises. Landlord shall also repair and maintain all sidewalks, landscaping and drainage systems on the Property and all utility systems (ii) the Common Areas, and (iii) Building including mechanical, electrical, plumbing, elevator and HVAC systems) and plumbing systems servicing which serve the BuildingProperty as a whole. Landlord shall additionally not be 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 certain minor ordinary course such repairs to the Leased Premisesimmediately, including ceiling tile replacement, light bulb replacement in the Common Areas, door Tenant may immediately undertake such repairs and repair of window treatment mechanicalssubmit an invoice for the reasonable costs thereof to Landlord for reimbursement. Notwithstanding the foregoing or anything contained elsewhere in this Lease any provision to the contrary, in Landlord’s obligations under this Section shall not include making (a) any repair or improvement necessitated by the event that Landlord shall reasonably determine that negligence or willful misconduct of Tenant, or Tenant’s owners, its agents, contractors, directors, officers, employees, guests, invitees, customers employees or licensees, shall have committed waste upon, abused servants; or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and any repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred or improvement caused by Landlord to replace any lost key or electronic key card and Tenant’s failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, perform its obligations hereunder or under any other agreement between Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameTenant. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) Landlord shall construct the foundationscompleted Building shell, outer walland the Leasehold Improvements to the Premises as described in the Work Letter Agreement, roof all in full compliance with all applicable law including, but not limited to, the Americans with Disabilities Act of 1990 and all regulations issued thereunder. (ii) Subject to reimbursement in accordance with Section 5(b), equipment (except as otherwise provided herein), Landlord shall maintain, repair, and replace as necessary the plumbing, heating, ventilating and air conditioning, lighting and other structural components electrical and mechanical equipment, sprinkler system, elevators, and glass (unless broken or damaged due to the gross negligence or willful misconduct of Tenant) within the Property, and make all other repairs or replacements to the Property which Tenant is not hereby required to make. Landlord shall maintain, repair and replace as necessary the exterior of the Building, (ii) including the Common Areasroof, exterior walls, foundation, drains, downspouts, and (iii) Building mechanicalgutters. Landlord shall maintain, electricalrepair, plumbingand replace as necessary the driveways, elevator sidewalks, parking areas, lighting, landscaping and HVAC systems servicing fencing located outside of and serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged Landlord's obligations regarding any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning ("HVAC") and electrical systems serving shall be limited to the Leased Building's standard central HVAC and electrical systems, and Landlord shall have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant's specific use of the Premises and agrees to accept the same in their “as is” conditionincluding, without warranty limitation, any HVAC units which control the temperature in Tenant's computer server room (provided, however, that any contractor retained by Tenant to maintain or repair any such HVAC or electrical system shall be subject to Landlord's reasonable approval). Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord's expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord's obligation shall be limited to the replacement of Building standard fluorescent light tubes, irrespective of any kindincandescent fixtures that may have been installed in the Premises at Tenant's expense). Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish, or an interruption in, any services or utilities (including, without limitation, any interruption in telephone service caused by a failure of the Cabling) when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes except to the extent such interruption or failure is caused by Landlord's grossly negligent act or omission or willful misconduct. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services or utilities to be provided under this Lease, except to the extent such interruption or failure is caused by Landlord's grossly negligent act or omission or willful misconduct.

Landlord’s Obligations. For the purposes of Section 7.01 of the lease form: (a) Landlord shall, Landlord's maintenance and at its sole cost and expense, make repair obligations shall include all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and utilities lines serving other structural components portions of the Building, Center (iinot including the Premises) but located within the Common Areas, Premises and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing all utilities mains serving the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased PremisesCenter, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an AdvancePremises. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, Tenant's maintenance and repair obligations shall include all utilities lines exclusively serving the Premises, whether located outside of or within the Premises, to Tenant's points of connection to Landlord's mains. For this purpose, Landlord warrants that the sewer and water lines serving the Premises are already located under and within the Premises and that Tenant's electrical connection for the Common Areas, including Premises will be an electrical board sufficient for 100 amperage service within fifty (50) feet of the sidewalks, driveways and parking area, as applicable, serving demising line of the BuildingPremises. (c) Landlord shall provide Tenant with such number of keys Features to be maintained and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred repaired by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon will include roof decking, the subfloor of the Premises, the structural components of the Center, including the Premises, not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified constructed by Tenant and those elements which require maintenance and repair as having been lost. Upon expiration the result of negligent or earlier termination intentional failure of this Lease, Tenant shall return all Landlord to perform its maintenance and repair obligations pursuant to such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameSection. (d) Tenant acknowledges that it has inspected Repair and maintenance costs pursuant to such Section to be included in common area costs shall not include any costs classified under generally accepted accounting principles as capital in nature. (e) Any cost incurred by Landlord pursuant to Section 7.01 of the Leased Premises and lease form for which Landlord is actually reimbursed from insurance proceeds, condemnation proceeds, a warranty, another tenant or any other source shall not be included in common area costs to the mechanicalextent of such reimbursement. Any such cost incurred by Landlord for which Landlord is entitled to be reimbursed from insurance proceeds, electricalcondemnation proceeds, plumbing and heatinganother tenant or any other source not including a warranty shall not be included in common area costs to the extent of such entitlement, ventilation and air conditioning systems serving whether or not Landlord actually receives such reimbursement. Any such cost incurred by Landlord for which Landlord is entitled to be reimbursed from a warranty shall not be included in common area costs only to the Leased Premises and agrees to accept extent of the same in their “as is” condition, without warranty reimbursement actually received by Landlord from the maker of any kindsuch warranty.

Landlord’s Obligations. (a) Except as specifically provided in this Lease, Landlord shallshall not be required to furnish any services, facilities or utilities to the Premises or to Tenant, and at its sole cost Tenant assumes full responsibility for obtaining and expensepaying for all services, make all necessary capital facilities and non-capital repairsutilities to the Premises. Landlord will repair, replace and maintain the Building Systems, the Common Area, and replacements to (i) the foundations, outer wall, roof structural portions of the Premises and other structural components of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (iiincluding elevator shafts), Common Area stairs, Building standard stairwells (but not stairs or stairwells installed by the Tenant) and elevators (collectively, the Common Areas“Building Structure”), and (iii) Building mechanicalshall perform all such maintenance, electricalwork and activities diligently and expeditiously to completion, plumbingand in a manner consistent with Class A office buildings located in Brisbane, elevator and HVAC systems servicing the BuildingCalifornia. Landlord shall additionally make certain minor ordinary course repairs also provide the Premises with interior and exterior window washing services and janitorial service and shall provide the Common Areas with janitorial and landscaping services; provided, however, that Tenant shall have the right (but not the obligation) to assume responsibility for providing janitorial services at the Premises. All window washing and janitorial services, whether provided by Landlord or Tenant, must meet the standards commensurate with Class A office buildings located in Brisbane, California. Tenant shall notify Landlord in writing when it becomes aware of the need for any repair, replacement or maintenance which is Landlord’s responsibility under this Section of which it becomes aware. The costs of such repair, replacement and maintenance shall be included in Operating Expenses to the Leased Premisesextent provided in Article 7; provided that, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease subject to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from LandlordSection 13.5, Tenant shall reimburse Landlord in full and within thirty (30) business days after written demand for the cost of any cost incurred by Landlord repair to replace any lost key the Property, Building Structure or electronic key card and failure Building Systems which is attributable to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified misuse by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys Tenant’s Agents and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided is not covered by Landlord’s prior written consent for the additional security system insurance. Any such reimbursement shall (i) be deemed Additional Rent. Tenant hereby waives and releases any right it may have under any law, statute or ordinance now or hereafter in effect to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samemake any repairs which are Landlord’s obligation under this Section. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

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

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the at Landlord’s expense repair and maintain all Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any ofFacilities, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems system serving the Leased Premises, the common elements of the electrical, lighting and plumbing systems of the Premises and agrees the Common Facilities, subject to accept Tenant’s obligation to pay its Pro Rata Share of excess Operating Costs as provided in Article 6. Notwithstanding the same foregoing, Landlord shall repair and maintain the roof structures, foundation and major structural elements of the Project, as well as any defects in their “as is” conditionthe Tenant Improvements, without warranty reimbursement from Tenant., and the roof, the foundations and structural portions provided, however, that Tenant shall pay the (a) the full amount of any kindmaintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (except for normal wear and tear arising from Tenant’s occupancy and use of the Premises) plus five percent (5%) of the cost thereof to reimburse Landlord for overhead). Tenant shall pay the cost of such required repairs, as Additional Rent, within fifteen (15) days after receipt of a statement from Landlord. 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 to any portion of the Premises or the Project. Except as provided in Article 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

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

Landlord’s Obligations. (a) Except as otherwise stated in the Lease or this Third Amendment, Landlord shallagrees to make, as soon as practicable and at its sole cost and expensecost, make all necessary capital and non-capital any required structural repairs, maintenance and replacements replacement to the Landlord’s Property (i) including, but not limited to the foundations, outer wallroof, roof membrane, walls and other structural components foundations) in which the Premises are located and to keep in good order, condition and repair the exterior of the Building, (ii) the Common Areas, and (iii) Building mechanicalall plumbing, electrical, plumbing, elevator HVAC and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, similar building-wide mechanical systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalksparking areas, driveways and parking areaexcept for damage thereto caused by any negligence of the Tenant, as applicableits agents, serving employees, contractors, licensees or invitees, which damage shall be repaired by the Building. Landlord, at the expense of the Tenant; to be paid by the Tenant within thirty (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (1030) days of after receipt of an Landlord’s invoice therefor from Landlord, Tenant for same. Any such payment shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card be deemed payment of rent and failure to timely do so pay the same as set forth herein shall constitute an Advanceevent of default hereunder. Upon Tenant shall not less than one business days’ notice be entitled to Landlordany partial or total abatement of rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Landlord or Tenant. Notwithstanding anything contained in this Lease or this Third Amendment to the contrary, Landlord will deactivate shall exercise commercially reasonable efforts to minimize interference with Tenant’s business in the Premises at any electronic key card specifically identified by Tenant as having been lost. Upon expiration time Landlord undertakes any of its maintenance or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards repair obligations hereunder or makes any changes or renovations to Landlordthe Building. In additionthe event that (x) such maintenance or repairs (except where required as a result of the negligence of Tenant or Tenant’s agents, Tenant employees or contractors) or changes or renovations adversely interferes with Tenant’s use or occupancy of the Premises or (y) access to the Premises is unreasonably interrupted or unreasonably interfered with, and such interruption or interference continues for a period of at least twenty-four (24) hours, then all rent shall have be abated during the right to install any additional security system for period of such interruption or interference starting from the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration date after the expiration of the foregoing twenty-four (24) hour period until the date the interruption or interference, as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samecase may be, ceases. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.”

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

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

Landlord’s Obligations. Landlord shall maintain, repair and replace or cause to be maintained, repaired and replaced the roof (a) Landlord shallfor amounts in excess of $2,500 per each lease year), foundations and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundations, outer wall, roof and other structural components exterior walls of the Building, (ii) the Common Areas, structure of the Building and (iii) Building mechanical, electrical, plumbing, elevator the underground utility and HVAC systems servicing sewer pipes outside the exterior walls of the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryif any, in the event that Landlord shall reasonably determine that Tenant, good order and reasonably good operating condition except for damage occasioned by any act or omission of Tenant or Tenant’s owners, agents, contractors, directors, officers, 's employees, guests, agents, customers, independent contractors, or invitees, customers or licensees, the repair of which damage shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange paid for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide by Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within within ten (10) days after receipt of an invoice therefor from Landlord's written demand. Subject to Landlord's right of access pursuant to Article 18, Tenant shall reimburse be exclusively responsible for maintaining the Premises in good order and condition, and Landlord shall not be under any obligation to inspect the Premises. Landlord shall in no event be responsible to Tenant for the repair of glass in the Premises, the doors (or related glass and finish work) leading to the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for any cost liability incurred by Landlord by reason of such conditions. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building;' and (b) to alter or relocate any lost key other common facility. Installations, replacements and relocations referred to in clause (a) above shall be located, if practical, above ceiling surfaces, below floor surfaces or electronic key card and failure to timely do so shall constitute an Advancewithin perimeter walls of the Premises. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by use best efforts not to inconvenience Tenant as having been lost. Upon expiration or earlier termination of this Leasein such installations, Tenant shall return all such keys replacements and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samerelocations. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

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

Landlord’s Obligations. (a) Subject to the limitations hereinafter set forth, Landlord shallagrees, while Tenant is occupying the Premises and at its sole cost and expenseis not in breach of or in default under this Lease, make all necessary capital and non-capital repairs, and replacements to furnish to Tenant; (i) facilities to provide water at those points of supply both within the foundationsPremises and those provided for general use of tenants of the Building; (ii) facilities to provide a supply of electrical current reasonably necessary for general business office use and occupancy of the Premises and electric lighting and a supply of electrical current to the common areas of the Building; (iii) heating and refrigerated air conditioning in season; and (iv) elevator and janitorial service to the Premises, outer wallall such services to be provided in scope, roof quality and frequency to those services being customarily provided by landlords in comparable office buildings in the surrounding area. Landlord shall provide Tenant supplementary HVAC equipment in a configuration in accordance with Option A or option B as set forth in Exhibit D. Tenant shall choose either Option A or option B. Option A can operate independently from the Building HVAC system and therefore, Option A can be operated without turning on the Building HVAC system. Option B requires that the Building system be turned on. Heating, ventilation and air conditioning requirements and standards under this Lease shall be subject, however, to such regulations as the Department of Energy or any other structural components local, state or federal governmental agency, Board or commission shall adopt from time to time. In addition, Landlord agrees to maintain the public and common areas of the Building, (ii) the Common Areassuch as lobbies, stairs, corridors and (iii) Building mechanicalrestrooms, electricalin reasonably good order and condition; provided, plumbinghowever, elevator and HVAC systems servicing the Building. Landlord that Tenant shall additionally make certain minor ordinary course repairs to the Leased Premisesreimburse Landlord, including ceiling tile replacementupon demand, light bulb replacement in the Common Areas, door for all repairs and repair of window treatment mechanicals. Notwithstanding the foregoing additional maintenance resulting from damages to such public or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that common areas caused by Tenant, or Tenant’s owners, agents, contractors, directors, officers, its employees, guestsagents or invitees. Landlord reserves the right, inviteesexercisable without notice and without liability to Tenant for damage or injury to property, customers persons or licenseesbusiness and without effecting an eviction, shall have committed waste uponconstructive or actual, abused or otherwise damaged any of, the structures, systems, improvements disturbance of Tenant's use or other components possession of the Building or the Leased Premises described inPremises, or contemplated bygiving rise to any claim by Tenant for setoff or abatement of rent, this subsectionto decorate and to make repairs, Landlord shall cause them to be repaired alterations, additional modifications, changes or replacedimprovements, as necessarywhether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the cost thereof shall constitute an AdvancePremises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities. (b) If Landlord, to any extent, fails to make available any of the services to be provided by Landlord expressly set forth above or if any slowdown, stoppage or interruption of, or any change in the quantity, character or availability of, the services to be provided by Landlord expressly set forth above occurs, such failure or occurrence shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause beyond Landlord's reasonable control cease to function properly, Landlord shall arrange for and supervise rubbish removaluse reasonable diligence to repair same promptly, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, but Tenant shall have the right to install any additional security system no claim for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes abatement of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty rent or damages on account of any kindinterruptions in service occasioned thereby or resulting therefrom.

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

Landlord’s Obligations. 9.1 The Landlords shall not erect or permit any buildings, Electric Lines or other erections nor permit any trees, shrubs or bushes to be grown or cultivated within a lateral distance of five metre from the middle of the Electric Lines or within the area coloured [ ] which might interfere with the enjoyment by the Tenants of the Electric Lines or the rights hereby granted and generally restrict any of the operations of the Tenants in relation to the use and operation of the Electric Lines or the future use, operation, inspection, maintenance, repair, replacement, enlargement or removal thereof; 9.2 The Landlords undertake not to do or cause or permit to be done on or along the Electric Lines anything likely to cause damage or injury to the Electric Lines and to take all reasonable precautions to prevent such damage or injury; 9.3 This Lease shall not terminate by reason of the damage or destruction of Leased Subjects or the Substation notwithstanding any rule of law to the contrary; 9.4 The Landlords shall not install (aor allow to be installed) upon the Larger Subjects and/or the Substation any machinery or apparatus or thing that causes strain will or is likely to cause damage to Leased Subjects or any part thereof or the Tenants’ fixtures and fittings and other equipment in the Substation, provided that the Landlords shall at all times be permitted to construct and operate a wind farm development on the Larger Subjects; 9.5 The Landlord shall, shall not obstruct or diminish (or allow to be obstructed or diminished) the full free and at its sole cost uninterrupted access and expense, make all necessary capital and non-capital repairs, and replacements to flow of air in (i) the foundations, outer wall, roof air conditioning system within the Substation in so far as it serves the Leased Subjects and other structural components of the Building, (ii) the Common Areasventilators serving the Leased Subjects, provided that the Landlords shall at all times be permitted to construct and operate a wind farm development on the Larger Subjects. 9.6 The Landlords shall at all times keep the Substationin good and substantial repair and condition provided that the Tenants may give the Landlords notice in writing of any defects, decay or want of repair which affect the tenant’s use of the Substation or the Electric Lines and the Landlords shall with all reasonable speed (iiiand immediately in the case of an emergency) Building mechanical, electrical, plumbing, elevator after such notice well and HVAC systems servicing substantially make good the Building. Landlord said defects decay or want of repair and if the Landlords shall additionally make certain minor ordinary course not within two months after such notice (or immediately in the case of an emergency) commence and proceed diligently to well and substantially execute and complete such repairs it shall be lawful (but not obligatory) for the Tenants and its contractors agents and employees or any person authorised by it or them to enter and be upon the Larger Subjects and to execute such repair works as are necessary to comply with the said notice and the reasonable costs properly incurred in connection therewith shall be repaid by the Landlords to the Leased PremisesTenants within 30 days of receipt of written demand 9.7 The Landlords shall insure the Substation with such substantial insurance office and for such sum as the Landlords shall from time to time be advised by such insurance office as being the full cost of reinstatement thereof including professional fees payable upon any application for planning permission or other consents as may be required in relation to such rebuilding or reinstatement the cost of removal, including ceiling tile replacementdemolition site clearance and any works that may be incidental to the same against damage or destruction by fire, light bulb replacement riot, civil commotion, malicious damage, storm, flood, bursting and overflowing of waterpipes and other apparatus and such other risks as may be reasonably necessary to insure against (the “insured risks”) and produce to the Tenants (on demand and not more than once in every year) a copy of such policy and the Common Areas, door repairs last premium renewal receipt); 9.8 If and repair whenever during the term the Substation or any part of window treatment mechanicals. Notwithstanding them is damaged or destroyed (whether by an insured risk or otherwise) the foregoing Landlords shall apply for and endeavour diligently to obtain all appropriate consents for rebuilding and reinstatement of the Substation and following receipt of all such appropriate consents (and to the extent that the insurance monies are not withheld as a result of any act or anything contained elsewhere default of the Tenants) rebuild and reinstate the Building as soon as possible and will apply all money received in this respect of the said insurance to the extent necessary in rebuilding or reinstating such destruction or damage;] 9.9 This Lease shall not terminate by reason of the damage or destruction of either the Substation notwithstanding any rule of law to the contrary, . But in any of those circumstances the event that Landlord Tenants shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant obliged in any way to remove supply electricity to the sameLandlords or to the Larger Subjects and/or the Substation. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

Landlord’s Obligations. (a) Landlord shall, and at its sole cost and expense, make all necessary capital and non-capital repairs, and replacements to (i) the foundationsSubject to Section 7.3.2, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contraryabove, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, during the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination Term of this Lease, it is determined that there exists in, on, under or about the Premises or Project any Hazardous Materials (other than any Hazardous Materials that became present in, on, under or about the Project as a result of the Handling by Tenant shall return all or any other any Tenant Party of Hazardous Materials in, on, under or about the Premises or Project), and if (a) a governmental agency having jurisdiction with respect to the presence of Hazardous Materials in, under, on or about the Premises or Project requires remediation of such keys and electronic key cards to Landlord. In additionHazardous Materials, or (b) the presence of such Hazardous Materials in, on, under or about the Premises or Project (i) creates a health or safety hazard for Tenant’s employees, visitors, customers, agents or any Tenant shall have Party or (ii) interferes with Tenant’s use of the right to install any additional security system Premises for the Leased Premises at its sole cost Permitted Use, then Landlord shall cause such Hazardous Materials to be abated or remediated in accordance with applicable Environmental Laws. (ii) Landlord shall indemnify, defend (with counsel reasonably approved by Tenant), protect and expense hold harmless Tenant and each of the Tenant Parties, from and against any such installation and all Claims, Damages and Costs which arise from or are related in any way to any contamination of the Premises, Building or the Project, except to the extent caused by Tenant or a Tenant Party. Landlord’s obligation to defend, with counsel reasonably approved by Tenant, indemnify and hold harmless Tenant and the Tenant Parties shall constitute an Alteration apply in every instance in which Claims, Damages and Costs are asserted against Tenant and/or the Tenant Parties solely due to Tenant’s status as a Tenant, occupant or operator of the Premises, Building or Project. The foregoing indemnification and responsibilities of Landlord shall survive the termination or expiration of this Lease. (iii) Landlord covenants to Tenant that, to the best knowledge of Landlord, as defined of the Effective Date, the Project does not currently contain any Hazardous Materials in Section 6.2 hereof) for violation of any existing applicable Environmental Laws. For purposes of this Lease; provided Section, 7.3.3(iii), the phrase “the best knowledge of Landlord” shall mean the present, actual knowledge of Landlord’s prior written consent managing agent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameProject. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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

Landlord’s Obligations. Except as provided in Article 15, Landlord’s repair obligations with respect to the Building or as may benefit the Premises shall be limited to maintaining in good order and repair the roof, roof membrane and exterior surfaces of the exterior walls of the Building (a) Landlord shallexclusive of doors, door frames, door checks, other entrances, internal windows and window frames which are not a part of the Common Area), and in load bearing walls and columns and foundations and floor slabs which form a part of, or are contiguous to, the Premises and in the sanitary sewer and electrical and gas systems to their point of entry into and exit from the Premises, the sprinkler and fire alarm systems serving the Premises, and the Common Area (including keeping the Common Area and sidewalks free of snow and ice and lit at night); provided, however, that Landlord shall not be required to make any such repairs occasioned by the act or omission of Tenant, its agents, employees, licensees or contractors. Landlord shall not be required to make any improvements or repairs of any kind upon the Premises and appurtenances unless otherwise expressly provided in this Lease. Except if required due the negligence of Tenant, its agents, contractors and employees, Landlord shall be responsible for maintenance and repair of the HVAC System, and for full replacement should it be necessary, at Landlord’s sole cost and expense, make all necessary capital and non-capital repairs. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and replacements Landlord’s obligation to (i) the foundations, outer wall, roof and other structural components of the Building, (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere as set forth in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, systems, improvements or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after Section 11.01 is conditioned upon receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred by Landlord of such written notice. Landlord’s obligation to replace any lost key or electronic key card and failure to timely do so shall constitute an Advance. Upon repair as set forth in this Section 11.01 is also conditioned upon Tenant not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of then being in default under this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the same. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. Landlord will keep and maintain and replace (when required) the following portions of the Property in good, clean, and fully operative condition and repair, reasonable wear and tear excepted: (a) Landlord shallexterior surfaces of the exterior walls and roof of the Building; (b) structural integrity of the footings, and at its sole cost and expensefoundation, make all necessary capital and non-capital repairsslabs, and replacements to (i) the foundationsfloors, outer wallcolumns, exterior walls, roof, roof membrane, and other structural components elements of the Building; (c) exterior doors, windows and plate glass of the Building; (iid) the Common Areasbuilding standard electrical, and (iii) Building lighting, mechanical, electrical, plumbing, elevator heating and HVAC systems servicing the Building. Landlord shall additionally make certain minor ordinary course repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicals. Notwithstanding the foregoing or anything contained elsewhere in this Lease to the contrary, in the event that Landlord shall reasonably determine that Tenant, or Tenant’s owners, agents, contractors, directors, officers, employees, guests, invitees, customers or licensees, shall have committed waste upon, abused or otherwise damaged any of, the structures, air conditioning systems, improvements or other facilities, fixtures and components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building (specifically excluding any Supplemental Equipment); (e) building standard light bulbs, tubes, ballasts and starters; (f) demising walls installed by Landlord inside the Building (excluding the interior surfaces of such walls); and (g) Common Area. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 7.1, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s Personal Property, all as Landlord may determine is reasonably necessary to properly perform such obligations. In exercising Landlord’s obligations under this Section 7.1, Landlord shall use commercially reasonable efforts, to the extent reasonably possible under the circumstances, not to unreasonably disrupt, impede or interfere with Tenant’s access, use or enjoyment of the Premises or Common Area or with the conduct by Tenant of its business at the Premises, which commercially reasonable efforts shall reasonably require for its owners include, whenever possible and employeesfeasible, performing Landlord’s obligations after Tenant’s regular business hours, but Landlord is not obligated to pay overtime in order to perform Landlord’s obligations after Tenant’s regular business hours. Within ten (10) days after receipt Landlord’s repair and maintenance obligations under this Section 7.1 are subject to the provisions of an invoice therefor from Landlord, Tenant shall reimburse Landlord for Articles 11 and 12 of this Lease regarding any cost Casualty or Taking. The costs and expenses incurred by Landlord in performing its obligations under this Section will be included in Operating Expenses (but only to replace any lost key or electronic key card and failure the extent permitted under the definition thereof), provided that the items in subclause (b) above will not be included in Operating Expenses except to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination the extent that the costs of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration repair or replacement are permitted to be included in Operating Expenses as a capital improvement under subclause (as defined in Section 6.2 hereofm) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the samedefinition of Operating Expenses. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

Landlord’s Obligations. (a) Landlord shallExcept for repairs and replacements to the Premises that Tenant must make under Section 9.1 above, and subject to the provisions of Section 18 below, Landlord shall pay for and make all other repairs and/or replacements to the Premises and the Building. Landlord shall commence such repairs and/or replacements within thirty (30) days of receiving, from Tenant, written notice of the need for the repairs and/or replacements. Such repairs and replacements shall include, without limitation, the upkeep of the roof, roof structures and supports, ceilings, HVAC, sprinkler system, photovoltaic system (if and when installed), all utility systems (with the exception of any elements of the telecom/data system located within the Premises), gutters, downspouts, foundation, exterior walls, and all structural components of the Premises and the Building. Such obligations shall also include the repair, and maintenance in reasonably good order, of all parking areas, sidewalks, landscaping and other common areas, and drainage systems, within the EIC Facility, and all utility systems which serve the EIC Facility as a whole. Further, for the avoidance of doubt, in no event shall Landlord be required to repair or maintain Tenant’s Work or Tenant’s Property. Notwithstanding the generality of the foregoing, except for the basic after- hours alarm system described below, Tenant understands that Landlord shall have no obligation to arrange for or otherwise provide physical or other alarm or security services for any portion of the EIC Facility, including without limitation firewalls or other cyber-security for IT systems serving any portion of the EIC Facility, and agrees that Tenant shall be responsible, at its sole cost and expense, make to pay for any such additional alarm system or security that it desires, all necessary capital of which additional alarm or security arrangements shall be subject to the prior review and nonapproval by Landlord. Without limiting the generality of the foregoing, Landlord may elect to provide certain additional alarm or security measures for the EIC Facility, such as keycard entry systems, security cameras, advanced alarm systems and/or third-capital repairsparty after-hours security services; Tenant shall fully cooperate with the implementation and operation of the basic alarm system described below and any other such alarm or security measures and agrees that, notwithstanding any provision to the contrary in this Sublease, neither Landlord, nor its officers, employees or agents, shall bear any liability or other responsibility with respect to the scope or effectiveness of, or any act or omission of contractors retained to implement or operate, any such alarm or security measures. Landlord agrees to install and maintain at the EIC Facility a basic alarm system, the purpose of which will be to detect unauthorized after-hours intrusions into interior spaces, which intrusions once detected send an alarm signal to a third party security contractor for further notification to Landlord and/or police. In the event of imminent threat to life or of substantial bodily injury or damage to property within the Premises, Tenant may give Landlord such notice as is practicable under the circumstances, and replacements if Landlord fails to undertake to make such repairs immediately, Tenant may undertake such repairs and submit an invoice for the reasonable costs thereof to Landlord for reimbursement. Except as provided in the immediately preceding sentence, and except as may otherwise be approved by City Manager from time to time in writing in advance (i) the foundationswhich approval may be given or withheld, outer wallor subject to such conditions, roof as City Manager may in its sole and other structural components absolute discretion determine appropriate),Tenant waives any right to make repairs at Landlord’s expense. Further, in no event shall any abatement of the BuildingMonthly Expense Payment result (except as provide in Section 18 below), (ii) the Common Areas, and (iii) Building mechanical, electrical, plumbing, elevator and HVAC systems servicing the Building. nor shall any liability to Landlord shall additionally make certain minor ordinary course accrue based upon any need arising for repairs to the Leased Premises, including ceiling tile replacement, light bulb replacement in the Common Areas, door repairs and repair of window treatment mechanicalsor maintenance for which Landlord is responsible under this Section 9.2. Notwithstanding the foregoing or anything contained elsewhere in this Lease any provision to the contrary, in Landlord’s obligations under this Section shall not include making (a) any repair or improvement to the event that Landlord shall reasonably determine that extent necessitated by the negligence or willful misconduct of Tenant, or Tenant’s ownersits officers, employees, agents, contractors, directors, officers, employees, guests, invitees, customers Licensees or licensees, shall have committed waste upon, abused others entering or otherwise damaged any of, using the structures, systems, improvements Premises through Tenant; or other components of the Building or the Leased Premises described in, or contemplated by, this subsection, Landlord shall cause them to be repaired or replaced, as necessary, and the cost thereof shall constitute an Advance. (b) Landlord shall arrange for and supervise rubbish removal, snow removal, lawn and landscaping service, maintenance and any repair for the Common Areas, including the sidewalks, driveways and parking area, as applicable, serving the Building. (c) Landlord shall provide Tenant with such number of keys and electronic key cards for the Leased Premises and the Building as Tenant shall reasonably require for its owners and employees. Within ten (10) days after receipt of an invoice therefor from Landlord, Tenant shall reimburse Landlord for any cost incurred or improvement caused by Landlord to replace any lost key or electronic key card and Tenant’s failure to timely do so shall constitute an Advance. Upon not less than one business days’ notice to Landlord, perform its obligations under this Sublease or under any other agreement between Landlord will deactivate any electronic key card specifically identified by Tenant as having been lost. Upon expiration or earlier termination of this Lease, Tenant shall return all such keys and electronic key cards to Landlord. In addition, Tenant shall have the right to install any additional security system for the Leased Premises at its sole cost and expense and any such installation shall constitute an Alteration (as defined in Section 6.2 hereof) for purposes of this Lease; provided Landlord’s prior written consent for the additional security system shall (i) be deemed to have been granted and (ii) not be conditioned upon a requirement for Tenant to remove the sameTenant. (d) Tenant acknowledges that it has inspected the Leased Premises and the mechanical, electrical, plumbing and heating, ventilation and air conditioning systems serving the Leased Premises and agrees to accept the same in their “as is” condition, without warranty of any kind.

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