Common use of Maintenance and Repairs Clause in Contracts

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same.

Maintenance and Repairs. The Mortgagor will not commit any waste on It is understood and agreed that the Premises or make any change in Landlord shall, at its sole cost and expense, keep and maintain, during the use term of the Premises which will in Lease Agreement or any way increase any ordinary fire extension or other hazard arising out of construction or operation. The Mortgagor will keep renewal thereof, the foundations, and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any structural support portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, improvements in good order and proper condition and in a rentable good state of repair. Landlord shall not be responsible for any maintenance or repair caused by the fault or neglect of the Tenant, or due to hazards and tenantable state risks covered or repairrequired to b e covered by insurance hereunder except as insurance proceeds are available therefor. All other maintenance and repair of said structure, including but not limited to, painting of walls, and will maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Landlord shall assign warranties and extended warranties obtained from Landlord's contractors of those portions of the Demised Premises which Tenant is obligated to maintain. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or cause maintenance as may be reasonably necessary for the purpose of fulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to be madeexceed seven (7) days) after being notified in writing of the need thereof, as that the other party hereto may make such repairs at the cost and when expense of the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that endparty so failing or refusing. In the event that the Mortgaged Premises of any emergency situation, Tenant may, in its discretion, make emergency repairs without giving written notification to Landlord, and Landlord shall be damaged or destroyed in whole or in part, by fire or any other casualty, or reimburse Tenant in the event of a taking of a portion that such repairs were the responsibility of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible Landlord hereunder and were not due to the condition they were in immediately prior to such fire, other casualty fault of Tenant or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunderTenant's agents. The Mortgagor covenants rights of Tenant hereunder specifically do not ixxxxxx the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that it will give to not unnecessarily interfere with the Mortgagee prompt written notice business of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, Tenant) during business hours at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of inspect the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is to make necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required repairs to replace the samefulfill Landlord's obligation hereunder.

Maintenance and Repairs. The Mortgagor will not commit any waste on 8.1 During the Lease Term and subject to Landlord’s obligations as set forth in Section 8.2 below, Tenant, at Tenant’s sole cost and expense, shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises or make any change in the use of to keep the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep good operating condition and maintain or cause to be kept repair, in a clean, safe and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premisestenantable condition, and otherwise in accordance with all Laws and the sidewalks requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and curbs abutting equipment located in, or exclusively serving, the same, in good order Premises and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, required repairs and replacements necessary to that endthereto. In the event that the Mortgaged Premises Tenant shall be damaged or destroyed in whole or in partalso maintain, by fire or any other casualtyrepair and replace, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domainat Tenant’s sole cost and expense, the Mortgagor Tenant Items and shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were keep in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagorforce customary maintenance and service contracts therefor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, Tenant shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Mortgaged Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than that on the Lease Commencement Date, except for ordinary wear and tear and as otherwise provided in Article XIII or Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the Premises and will give like notice to the Mortgagee any other part of the commencement Building or the Land caused by any act or omission of Tenant or any Agent of Tenant, shall be repaired by and at Tenant’s expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any condemnation proceeding affecting the whole such injury, breakage or any portion damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of Mortgaged Premises. The Mortgagor notice from Landlord, then Landlord shall have the rightright at Landlord’s option, at any time and from time after notifying Tenant in writing of its intention to timeexercise its rights pursuant to this Section 8.1, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, make any such building service equipment so removed repair and to charge Tenant for all costs and expenses incurred in connection therewith, together with Landlord’s standard administrative fee. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant’s expense (including Landlord’s standard administrative fee); provided that if Tenant elects to supply the bulbs or disposed oftubes to Landlord, except that, if by reason of technological or other developments in then Landlord shall provide the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no labor involved for such replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sameat Tenant’s expense (including Landlord’s standard administrative fee).

Maintenance and Repairs. The Mortgagor will not commit any waste on 8.1 Except as provided in Section 8.2, Tenant, at Tenant's sole cost and expense, shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises or make any change in the use of to keep the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep good operating condition and maintain or cause to be kept repair, in a clean, safe and maintained tenantable condition and otherwise in accordance with all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, Laws and the sidewalks requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and curbs abutting equipment located in, or exclusively serving, the same, in good order Premises and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, required repairs and replacements necessary to that endthereto. In the event that the Mortgaged Premises Without limitation, Tenant shall be damaged or destroyed in whole or in part, by fire or responsible for repairing any other casualty, or in damage to wood flooring within the event of a taking of a portion of the Mortgaged Premises as a result well as refurbishment of any exercise of wood flooring within the power of eminent domainPremises as needed. Tenant shall also maintain, repair and replace, at Tenant's sole cost and expense, the Mortgagor Tenant Items and shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were keep in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagorforce customary maintenance and service contracts therefor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, Tenant shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Mortgaged Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than that on the Lease Commencement Date, except for ordinary wear and tear and as otherwise provided in Article XIII or Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the Premises and will give like notice to the Mortgagee any other part of the commencement Building or the Land caused by any act or omission of Tenant or any Agent of Tenant (including, without limitation damage to wood floors), shall be repaired by and at Tenant's expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any condemnation proceeding affecting the whole such injury, breakage or any portion damage within a reasonable period (not to exceed ten (10) days) following Tenant's receipt of Mortgaged Premises. The Mortgagor notice from Landlord, then Landlord shall have the right, right at any time and from time Landlord's option to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, make any such building service equipment so removed repair and to charge Tenant for all costs and expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant's expense; provided that if Tenant elects to supply the bulbs or disposed oftubes to Landlord, except that, if by reason of technological or other developments in then Landlord shall provide the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, labor involved for such replacement at no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required cost to replace the sameTenant.

Maintenance and Repairs. The Mortgagor will not commit any waste on By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good condition and repair. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Further, the repair and maintenance of any auxiliary or supplementary heating, venting or air-conditioning units or equipment, plumbing fixtures, serving only the Premises shall be the Tenant's responsibility. Landlord shall not be liable for any failure to make any change in the use such repairs or to perform any maintenance agreed to herein unless such failure shall persist for an unreasonable time after written notice of the Premises which will need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domainBuilding, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or the Common Areas or in or to fixtures, appurtenances and equipment therein. Except as specifically provided in this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any portion thereof, shall not part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of itself constitute a default hereunderthe Building, the failure Premises or the Common Areas except as specifically herein set forth. Except as provided herein, Tenant shall repair and maintain the interior and interior surfaces of the Mortgagor to restorePremises (including the walls, replaceceilings, rebuildfloor coverings, and windows and doors adjoining, or alter used exclusively in connection with, the samePremises) in good, as hereinabove providedclean condition, ordinary wear and tear and damage caused by Landlord excepted. Tenant shall constitute a default hereunder. The Mortgagor covenants that it will give upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises Landlord in good condition, ordinary wear and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sametear excepted.

Maintenance and Repairs. The Mortgagor will not commit any waste on 8.1 Tenant, at Tenant’s sole cost and expense, shall promptly make all nonstructural repairs, and perform all maintenance, in and to the Premises or make any change in the use of to keep the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep good operating condition and maintain or cause to be kept repair, in a clean, safe and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premisestenantable condition, and otherwise in accordance with all Laws and the sidewalks requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and curbs abutting equipment owned or installed by or on behalf of Tenant and located in, or exclusively serving, the same, in good order Premises and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, required repairs and replacements necessary to that endthereto. In the event that the Mortgaged Premises Tenant shall be damaged or destroyed in whole or in partalso maintain, by fire or any other casualtyrepair and replace, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domainat Tenant’s sole cost and expense, the Mortgagor Tenant Items. Tenant shall promptly restore, replace, rebuild keep in force customary maintenance and service contracts for equipment installed by or alter on behalf of Tenant and which exclusively serves the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to MortgagorPremises. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, Tenant shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Mortgaged Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and condition equal to or better than that on the Lease Commencement Date, except for ordinary wear and tear and as otherwise provided in Article XIII or Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the Premises and will give like notice to the Mortgagee any other part of the commencement Building or the Land caused by any act or omission of Tenant or any Agent of Tenant, shall be repaired by and at Tenant’s expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any condemnation proceeding affecting the whole such injury, breakage or any portion damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of Mortgaged Premises. The Mortgagor notice from Landlord, then Landlord shall have the right, right at any time and from time Landlord’s option to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, make any such building service equipment so removed repair and to charge Tenant for all costs and expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant’s expense; provided that if Tenant elects to supply the bulbs or disposed oftubes to Landlord, except that, if by reason of technological or other developments in then Landlord shall provide the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, labor involved for such replacement at no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required cost to replace the sameTenant.

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or Mortgagor, at its sole cost, shall make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, replacements, servicing and replacements reconstruction that are necessary to that end. In the event that maintain the Mortgaged Premises Property in good order, condition and repair. Immediately following the occurrence of any casualty or other loss, Mortgagor promptly will undertake all restoration required or desirable and will pursue it diligently to completion. Mortgagor shall (i) promptly comply with all laws, governmental regulations and public or private restrictions or easements, or both, of any kind affecting the Mortgaged Property or requiring any alterations or improvements to be damaged made thereon, and (ii) not commit, suffer or destroyed permit any act upon the Mortgaged Property in whole violation of any law, subject to Mortgagor’s right to contest the same in good faith to conclusion, as provided in Paragraph 8 of this Mortgage. If any public agency or in partauthority requires or commences any proceedings for the demolition or removal, by or both, of any improvements or portions thereof comprising the Mortgaged Property due to non-compliance with health, safety, fire or building codes, then, unless Mortgagor undertakes to contest such action in the manner provided in Paragraph 8 above and pursues such contest to a successful conclusion, such action will constitute a Default under this Mortgage. Mortgagee and any persons authorized by Mortgagee may enter the Mortgaged Property at all reasonable times with prior notice for inspections or for any other casualtylawful purpose. If Mortgagor fails to comply with the requirements of this Paragraph, then Mortgagee, without waiving the option to foreclose, may take some or in all measures Mortgagee reasonably deems necessary or desirable for the event of a taking of a portion maintenance, repair, preservation or protection of the Mortgaged Premises as a result of Property, and any exercise expenses reasonably incurred by Mortgagee in so doing shall become part of the power Debt secured hereby, and shall, at the option of eminent domainMortgagee, become immediately due and payable, and shall bear interest at the Mortgagor Default Rate specified in the Note. Mortgagee shall promptly restore, replace, rebuild have no obligation to care for or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of maintain the Mortgaged PremisesProperty, or any portion thereofor, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to timehaving taken some measures therefor, to remove and dispose of building service equipment which may have become obsolete continue same or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with take other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the samemeasures.

Maintenance and Repairs. The Mortgagor will not commit a. Except for any waste on Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times, including any Requisition period, put, keep, and maintain the Leased Premises or make any change (including, without limitation, the roof, landscaping, walls, footings, foundations, and structural components of the Leased Premises) and the Equipment in the use same condition and order of repair as exists as of the date of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will order to keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and Leased Premises in the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make required by this Paragraph 11 (a). Tenant shall do or cause others to be made, as and when the same shall become necessary, do all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion shoring of the Mortgaged Leased Premises as a result or of any exercise foundations and walls of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild Improvements and every other act necessary or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion appropriate for preservation and safety thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or in connection with any excavation or other developments in the building operation and maintenance of buildings upon any of the general character of the building constituting a portion of the Mortgaged Leased Premises, no replacement whether or not Landlord shall, by reason of the building service equipment so removed any Legal Requirements or disposed of is necessary Insurance Requirements, be required to take such action or desirable in the proper operation or maintenance of said building, the Mortgagor be liable for failure to do so. Landlord shall not be required to replace make any repair, whether foreseen or unforeseen, or to maintain any of the sameLeased Premises or Adjoining Property in any way, and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in any Law now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner.

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or make any change in the use TENANT/S HAS EXAMINED THE PROPERTY AND ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION AS IS. PEST CONTROL [ ] MANAGER shall exterminate for common pests and insects, including termites, as is reasonably needed. * DOES NOT COVER BED BUGS, FLEAS OR GERMAN ROACHES, TREATMENT FOR SAME IS AT THE FULL EXPENSE OF TENANT/S. TENANT/S ARE REQUIRED (WITHOUT EXCEPTION) TO PROMPTLY (IMMEDIATELY) REPORT ANY SIGNS OF SUCH INFESTATION TO THE MANAGER. [ ] TENANT/S shall exterminate for, excluding termites, all pests and insects, including bed bugs (if present), fleas and German roaches, as is reasonably needed, provided such service shall be performed at least annually by a state licensed exterminator and same shall be arranged for and paid for by TENANT/S and TENANT/S shall provide MANAGER with evidence, satisfactory to MANAGER, of the Premises which timely completion of such service. If TENANT/S have not completed and provide such satisfactory evidence this service was performed by a state licensed professional exterminator, then MANAGER will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause same to be kept completed at TENANT/S' full and maintained all buildings complete expense. XXXXXX PROPERTIES LLC SAMPLE LEASE AGREEMENT LAWN MAINTENANCE [ ] MANAGER shall fertilize, treat for pest (excluding fleas) and/or disease, mow, edge, trim, weed beds and other improvements now or at any time hereafter erected upon or constituting any portion prune plants shrubs and trees as is reasonably needed. TENANT/S is responsible for the appropriate and timely watering of the Mortgaged Premiseslawn, plants and trees in order to prevent them from dying and to promote their continued health and growth. TENANT/S is/are required as part of this agreement to report any signs of sickness, disease or demise, failure to do so will be a breach of the sidewalks agreement and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises TENANT/S shall be damaged liable for the consequential damage to the lawn , plats, scrubs or destroyed in whole trees. Pay attention to your landscape and promptly report any suspected disease or in partproblem. [ ] TENANT/S shall fertilize, by fire or any other casualtytreat for pest (including fleas) and/or disease, or in mow, edge, trim, weed beds and pruneplants shrubs and trees as is reasonably needed. TENANT/S is responsible for the event of a taking of a portion appropriate and timely watering of the Mortgaged Premises lawn, plants and trees in order to prevent them from dying and to promote their continued health and growth. TENANT/S is required as part of this agreement to report any signs of sickness, disease or demise, failure to do so will be a result breach of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagorthis agreement. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall RESPONSIBILITIES OF TENANT/S (but not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same.limited to)

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationinsurance premiums on the Premises. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- non-structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same.

Maintenance and Repairs. The Mortgagor will not commit any waste on Tenant acknowledges that the Premises or make any change premises have been inspected and is fully satisfied and accepts it in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationits “as is” condition, except as otherwise indicated herein. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or Tenant shall at any time hereafter erected upon or constituting any portion of the Mortgaged Premiseshis own expense, and at all times, maintain the sidewalks premises in a clean and curbs abutting sanitary manner including all equipment, appliances, furniture and furnishings therein and shall surrender the samesame at termination hereof, in as good order condition as received, normal wear and condition tear excepted. Once notice is given to vacate, Xxxxxx agrees to keep the premises in “show condition”. “Show condition” means as clean, orderly and in a rentable undamaged as when received. Upon vacating, Tenant shall deliver premises vacant and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that endclean. In the event that the Mortgaged Premises premises are returned in condition poor enough to prevent Landlord from re-renting to a qualified new tenant, Tenant shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in responsible for rent lost as well as the event cost of a taking of a portion restoration of the Mortgaged Premises rental to the condition it was at the commencement of this lease. Tenant shall be responsible for damages caused by his negligence and that of his family, invitees or guests. > PAINT Tenant shall not paint, paper or otherwise redecorate without the prior written consent of the Landlord. All paints, materials and work plans must be approved in writing by Landlord or his authorized agent. Tenant shall be responsible for paint spills/clean-ups or damages as a result of paint related work. > GROUNDS Tenant shall be required to irrigate and maintain any exercise surrounding grounds, including the trimming of the power lawns, shrubbery and keep same clear of eminent domainleaves, the Mortgagor rubbish and weeds. Tenant is responsible for snow and ice removal from walks, driveways, steps and any areas where safety should be observed. It is agreed that Tenant shall promptly restorenot use any salt on xxxxxx or walkways. Calcium chloride is recommended instead for de-icing, replace, rebuild or alter the same as nearly as possible and is not harmful to the condition they were in immediately prior to such firemasonry. > GUTTERS Tenant is responsible for keeping gutters, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipmentif any, free of superior titleleaves, liens or claimssticks and any accumulations that may occur. If the property is heavily treed, not necessarily of gutters may need clearing several times a year. > WINDOWS Tenant is responsible for the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation cleaning and maintenance of buildings the windows on the premises. If any window(s) or screen(s) become damaged or broken as a result or during the term of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said buildingthis tenancy, the Mortgagor Tenant will be responsible for repair(s). Xxxxxx agrees to observe care and caution when installing and removing any window unit air conditioners. Tenant is responsible for minor repairs such as light switches, replacing light bulbs, doorknobs, broken windows, leaking faucets, minor toilet problems, etc. Repairs resulting less than $250.00 shall not be required deemed minor repairs. Should Tenant neglect maintenance responsibilities, Landlord or agent may assume them on Xxxxxx's behalf and any expenses incurred by Landlord in connection therewith shall be additional rent (added rent), payable to replace the sameLandlord on demand. Landlord will maintain air-conditioning and heating equipment, plumbing, electrical, and furnished appliances, unless otherwise noted in this lease agreement. .

Maintenance and Repairs. The Mortgagor will not commit any waste on Section 5.1 Maintenance and Repair; Completion of Improvement; FF&E Reserve Lessee acknowledges that it has received the Premises or make any change Leased Property in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationgood condition, repair and appearance. The Mortgagor will Lessee agrees that, at its expense, it shall keep and maintain the Leased Property, including any altered, rebuilt, additional or cause to be kept and maintained all buildings substituted buildings, structures and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the samethereto, in good order repair and condition appearance, except for ordinary wear and in a rentable and tenantable state or repair, and will tear. Lessee shall also make or cause to be made, as and when the same shall become necessarypromptly, all structural and non- structural exterior nonstructural, foreseen and interiorunforeseen, ordinary and extraordinaryextraordinary changes and repairs of every kind which may be required to be made to keep and maintain the Leased Property in such good condition, foreseen repair and unforeseen repairsappearance and it will keep the Leased Property orderly and free and clear of rubbish. Lessee covenants to perform or observe all terms, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged covenants or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result conditions of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild reciprocal easement or alter the same as nearly as possible maintenance agreement to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that which it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, may at any time and from time be a party or to timewhich the Leased Property are currently subject. Lessee shall, at its expense, use its best efforts to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace enforce compliance with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation reciprocal easement or maintenance of said building, agreement benefiting the Mortgagor Leased Property by any other person subject to such agreement. Lessor shall not be required to replace maintain, repair or rebuild, or to make any alterations, replacements or renewals of any nature to the sameLeased Property, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen to maintain the Leased Property or any part thereof in any way. Lessee hereby expressly waives the right to make repairs at the expense of Lessor which may be provided for in any law in effect at the time of the commencement of the Term or which may thereafter be enacted. If Lessee shall abandon the Leased Property, it shall give Lessor and any Facility Mortgagee immediate notice thereof.

Maintenance and Repairs. The Mortgagor will not commit a. Except for any waste on Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times, including any Requisition period, put, keep, and maintain the Leased Premises or make any change (including, without limitation, the roof, landscaping, walls, footings, foundations, and structural components of the Leased Premises) and the Equipment in the use same condition and order of repair as exists as of the date of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will order to keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and Leased Premises in the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make required by this Paragraph 11 (a). Tenant shall do or cause others to be made, as and when the same shall become necessary, do all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion shoring of the Mortgaged Leased Premises as a result or of any exercise foundations and walls of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild Improvements and every other act necessary or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion appropriate for preservation and safety thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or in connection with any excavation or other developments in the building operation and maintenance of buildings upon any of the general character of the building constituting a portion of the Mortgaged Leased Premises, no replacement whether or not Landlord shall, by reason of the building service equipment so removed any Legal Requirements or disposed of is necessary Insurance Requirements, be required to take such action or desirable in the proper operation or maintenance of said building, the Mortgagor be liable for failure to do so. Landlord shall not be required to replace make any repair, whether foreseen or unforeseen, or to maintain any of the sameLeased Premises or Adjoining Property in any way, and Tenant hereby expressly waives the right to make repairs at the expense of the Landlord, which right may be provided for in any Law now or hereafter in effect. To the extent proceeds or condemnation awards are made available, nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g) of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner.

Maintenance and Repairs. The Mortgagor will not commit any waste on Section 1. Landlord shall, at its own expense, make all necessary repairs to the Premises or make any change in the use roof, outer walls, footings and foundation of the Premises premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationrepairs are occasioned by structural defects. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or Tenant shall, at any time hereafter erected upon or constituting any portion its expense, take care of the Mortgaged Premisesdemised premises both inside and out and keep the same and all parts thereof, by way of illustration, but not limitation, the roof and the sidewalks four outer walls, together with any and curbs abutting the sameall alterations, additions and improvements therein or thereto, in good order and condition and in a rentable and tenantable state condition, suffering no waste or repairinjury, and will shall promptly make all needed repairs and replacements, in and to any building or cause structure or equipment now or hereafter erected upon the demised premises, including vaults, sidewalks, water, sewer and gas connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with said premises or used in their operation. All such repairs and replacements shall be of first class quality sufficient for the proper maintenance and operation of the demised premises. The Tenant shall not allow the accumulation of waste or refuse matter, not permit anything to be made, as and when done upon the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In demised premises which would invalidate or prevent the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result procurement of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, policies which may at any time and from time be required pursuant to time, to remove and dispose the provisions of building service equipment which may have become obsolete Article IV hereof. The Tenant shall not obstruct or unfit for use or which is no longer useful in permit the operation obstruction of the building now street or hereafter constituting a portion of sidewalk and shall keep the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, sidewalk and curb adjoining the demised premises clean and free of superior title, liens or claims, not necessarily of snow and ice. Landlord shall be responsible for the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation repair and maintenance of buildings the parking lot, landscaping and security related to the parking areas. Tenant agrees to pay Landlord Tenant's proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord pursuant to Article IX, Section 1. Tenant's proportionate share for the purposes of this Article shall be 51.24%. In addition, Tenant shall be fully responsible for any repairs, at its expense, caused by its negligence, abuse, use or occupancy of the general character of demised premises or building(s) comprising the building constituting demised premises. Notwithstanding anything in this Article IX, Section 1 to the contrary, during the entire lease term, if Tenant is required to replace a portion of major capital component to the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said buildingleased premises, the Mortgagor cost of replacement shall not be amortized over the replacement's ten year life expectancy and Tenant shall be required to replace pay its proportionate share for such replacement based upon the sameremaining term or, the Lease during which Tenant continues to occupy the leased premises.

Maintenance and Repairs. The Mortgagor, at its sole cost and subject to Mortgagee’s satisfaction, shall make all repairs, renewals, replacements, servicing and reconstruction that are necessary to maintain the Mortgaged Property in good order, condition and repair. Mortgagor will not commit shall establish (and set aside in segregated deposits) reserve funds in amounts acceptable to Mortgagee for replacements, repairs and capital expenditures. Immediately following the occurrence of any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire casualty or other hazard arising out of construction loss, Mortgagor promptly will undertake all restoration required or operationdesirable and will pursue it diligently to completion. The Mortgagor will keep and maintain shall (i) not strip, waste, remove or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting demolish any portion of the Mortgaged PremisesProperty, nor suffer or permit any such action; (ii) promptly comply with all laws, governmental regulations and public or private restrictions or easements, or both, of any kind affecting the sidewalks Mortgaged Property or requiring any alterations or improvements to be made thereon; and curbs abutting (iii) not commit, suffer or permit any act upon the sameMortgaged Property in violation of any law, subject to Mortgagor’s right to contest the same in good order and condition and in a rentable and tenantable state or repair, and will make or cause faith to be madeconclusion, as and when provided in this Mortgage. If any public agency or authority requires or commences’ any proceedings for the same shall become necessarydemolition or removal, all structural and non- structural exterior and interioror both, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that of any improvements or portions thereof comprising the Mortgaged Premises shall be damaged or destroyed in whole or in partproperty due to non-compliance with health, by safety, fire or any other casualtybuilding codes, or then, unless Mortgagor undertakes to contest such action in the event manner provided in this Mortgage and pursue such contest to a successful conclusion, such action will constitute a Default under this Mortgage. Mortgagor will not, without Mortgagee’s prior written consent, (a) make any material alterations, additions or improvements of a taking or to the Mortgaged Property; (b) make any material change in the general nature of a portion the use or occupancy of the Mortgaged Premises as a result of Property; (c) institute or join or acquiesce in any exercise of action to change the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild existing zoning or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction land use classification of the Mortgaged Premises, Property; or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, (d) grant easements or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding licenses affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now Mortgaged Property. Mortgagee and any persons authorized by Mortgagee may enter the Mortgaged Property at all reasonable times without prior notice for inspections or hereafter constituting a portion for any other lawful purpose. If Mortgagor fails to comply with the requirements of this paragraph, then Mortgagee, without waiving the option to foreclose, may take some or all measures Mortgagee reasonably deems necessary or desirable for the maintenance, repair, preservation or protection of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipmentProperty, free of superior title, liens or claims, not necessarily and any expenses reasonably incurred by Mortgagee in so doing shall become part of the same character but Debt secured hereby, and shall, at the option of Mortgagee, become immediately due and payable, and shall bear interest at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments the Default Rate specified in the operation and maintenance of buildings of the general character of the building constituting a portion of Note. Mortgagee shall have no obligation to care for or maintain the Mortgaged PremisesProperty, no replacement of the building service equipment so removed or, having take some measures therefor, to continue same or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sametake other measures.

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of the construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- non-structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the that proceeds of the condemnation or any insurance policy are made available to Mortgagor, to the extent received by Mortgagee and necessary to such restoration, replacement, rebuilding or alteration. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of or superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same.

Maintenance and Repairs. The Mortgagor will not commit 9.1 Except as otherwise provided herein, Tenant shall take good care of the Premises and keep the same and all portions and areas thereof together with any and all alterations, additions and improvements therein or thereto, in good order, condition, and repair, reasonable wear and tear excepted, suffering no waste on or injury, and shall, at Tenant's sole cost and expense, promptly make all needed repairs and replacements in and to the Premises now or hereafter erected upon the Premises, including without limitation fixtures, machinery, furnishings and equipment now or hereafter belonging to or connected with the Premises or make any change used in its operation. Without limiting the use foregoing, Tenant shall be responsible, at its expense, for all plumbing, heating, ventilation and air conditioning, electrical and lighting facilities, equipment and appliances within the Premises, fixtures, interior walls, non-structural elements, ceilings, windows, doors, glass and skylights. All such repairs and replacements shall be of good quality sufficient for the proper maintenance and operation of the Premises and shall be constructed and installed in compliance with all requirements of all governmental authorities having jurisdiction thereof. Notwithstanding the foregoing, Tenant’s cost for any replacement of the heating, ventilation and air conditioning systems shall be paid by Tenant as Additional Rent (the replacement cost of which will shall be amortized over 20 years and Tenant shall pay no more than the annual amortized cost during any given year). Tenant shall also take all steps necessary from time to time to conform the Premises to the requirements of the Americans with Disabilities Act ("ADA"); provided however, Tenant shall not be obligated to alter the Premises in any way increase any ordinary fire the event that Premises prior to the Commencement Date fails to comply with the ADA; in which case, Landlord, at Landlord's sole cost and expense without being subject to reimbursement from Tenant, shall pay for the alterations necessary to bring the Premises and Real Estate into compliance. Tenant, further, shall not permit the accumulation of waste or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause refuse matter, nor permit anything to be kept and maintained all buildings and other improvements now done upon the Premises which would invalidate or prevent the procurement of any insurance policies which may at any time hereafter erected upon or constituting any portion be required pursuant to the provisions of the Mortgaged Premises, and the sidewalks and curbs abutting the same, Article 7 hereof. Tenant shall keep in good order and order, condition and in a rentable repair the Premises’ landscaping and tenantable state or repairshall provide for snow, trash and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and refuse removal from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sameoutside receptacles.

Maintenance and Repairs. The Mortgagor will not commit any waste on 8.1 Tenant, at Tenant’s sole cost and expense, shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises or make any change in the use of to keep the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep good operating condition and maintain or cause to be kept repair, in a clean, safe and maintained all buildings tenantable condition, well-ventilated and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premisesmoisture controlled, and otherwise in accordance with all Laws and the sidewalks requirements of this Lease. Tenant shall likewise maintain all fixtures, furnishings and curbs abutting equipment located in, or exclusively serving, the same, in good order Premises and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, required repairs and replacements necessary thereto, subject to that endordinary wear and tear. In the event that the Mortgaged Premises Tenant shall be damaged or destroyed in whole or in partalso maintain, by fire or any other casualtyrepair and replace, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domainat Tenant’s sole cost and expense, the Mortgagor Tenant Items and shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were keep in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagorforce customary maintenance and service contracts therefor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, Tenant shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. The foregoing shall not apply to any necessary repair, replacement or maintenance to the Premises resulting from any injury or damage to, or failure of Landlord to maintain, the Building Structure and Systems. Tenant shall suffer no waste or injury to any part of the Mortgaged Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in broom clean condition, subject to ordinary wear and tear and as otherwise provided in Article XIII or Article XVII. Except as otherwise provided in Article XVII, all injury, breakage and damage to the Premises and will give like notice to the Mortgagee any other part of the commencement Building or the Land caused by any act or omission of Tenant or any Agent of Tenant, shall be repaired by and at Tenant’s expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any condemnation proceeding affecting the whole such injury, breakage or any portion damage within a reasonable period (not to exceed ten (10) days) following Tenant’s receipt of Mortgaged Premises. The Mortgagor notice from Landlord, then Landlord shall have the right, right at any time and from time Landlord’s option to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, make any such building service equipment so removed repair and to charge Tenant for all costs and expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant’s expense; provided that if Tenant elects to supply the bulbs or disposed oftubes to Landlord, except that, if by reason of technological or other developments in then Landlord shall provide the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, labor involved for such replacement at no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required cost to replace the sameTenant.

Maintenance and Repairs. The Mortgagor will not commit any waste on (a) Subject to reimbursement as a part of Operating Expenses, Landlord shall make all necessary repairs and replacements to the Premises or make any change heating, air conditioning and electrical systems located in the use of Building, and to the common areas, including parking areas, and Landlord shall also make all repairs to the Premises which will are structural in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained nature; provided, however, that Tenant shall make all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, repairs and replacements necessary to arising from its act, neglect or default and that endof its agents, servants, invitees and employees. In the event that the Mortgaged Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Premises or of the Building (unless the same result from Tenant’s act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), such work shall be damaged at Landlord’s sole cost and expense if due to a violation of law if such law existed on or destroyed in whole before the Commencement Date or in partas a part of Operating Expenses if due to the adoption of a law or an amendment to law after the Commencement Date, then the same shall be made by fire Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any other casualtyinterference with Tenant’s use of the Premises, such interference shall not relieve Tenant from performance of its obligations hereunder. Notwithstanding the foregoing, if the Landlord fails to make repairs due solely to the negligence of Landlord for a period of ten (10) days after Tenant has notified Landlord of such disrepair, or such additional time as may be required due to acts of Tenant’s Parties or acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord’s reasonable control, and Tenant is unable to and does not use, the Premises in the event of a taking of a portion of the Mortgaged Premises its entirety as a result of any exercise of such repair issue, Base Rent hereunder shall thereafter be abated until such time as such repair is completed or Tenant begins using the power of eminent domainPremises again, the Mortgagor whichever shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the samefirst occur.

Maintenance and Repairs. The Mortgagor will not commit any waste on (a) Repairs to the Leased Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause are to be kept and maintained all buildings and other improvements now or made at any time hereafter erected upon or constituting any portion the sole cost of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that endLessee. In the event that Lessee reasonably determines that a repair or replacement is needed and Lessor after written notice does not make said repair or replacement within a reasonable period of time, Lessee shall notify Lessor in writing that it considers said repair or replacement necessary and that it is contemplating making said repair. Lessee may then, at its option, make such repair or replacement at its own expense. It is agreed that nothing in the Mortgaged foregoing shall relieve Lessor from full performance of its obligations and that the remedy referred to above is in addition to any other remedy available to Lessee. (b) If the Leased Premises shall be partially damaged by fire or destroyed other cause without the fault or neglect of Lessee or its employees, agents, visitors or licensees, the Lessor shall proceed forthwith to replace or to repair the Leased Premises with reasonable diligence at the expense of Lessor; provided, if the Leased Premises are to be replaced or repaired and are untenantable in whole or in partpart following such damage, the rent payable hereunder during the period in which they are unusable shall be adjusted equitably; provided further, however, if the Leased Premises are substantially damaged or rendered substantially unusable by fire or any other casualtycause, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domainincluding, the Mortgagor but not limited to, condemnation, and Lessor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall decide not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same, then, within ninety (90) days after such fire, casualty or condemnation, Lessor may give Lessee notice in writing of the decision not to replace, whereupon the Term of this Lease shall terminate, Lessee shall surrender the Leased Premises to Lessor, and rent shall be abated for the unexpired portion of this Lease, effective as of the date of said written notice from Lessor, and Lessor shall have no further obligation or liability to Lessee. It is agreed that nothing in this Subsection 6(b) shall require Lessor to replace or to repair any or all Alterations. 7.

Maintenance and Repairs. The Mortgagor will a. Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times, including but not commit limited to any waste on Requisition period, put, keep, and maintain the Leased Premises or make any change (including, without limitation, the roof, landscaping, walls, footings, foundations, and other structural components of the Leased Premises) and the Equipment in the use same condition and order of repair as exists as of the date of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature (including but not limited to those "capital" in nature or structural), whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will order to keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and Leased Premises in the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make required by this Paragraph 11a. Tenant shall do or cause others to be made, as and when the same shall become necessary, do all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion shoring of the Mortgaged Leased Premises as a result or of any exercise foundations and walls of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild Improvements and every other act necessary or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion appropriate for preservation and safety thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or in connection with any excavation or other developments in the building operation and maintenance of buildings upon any of the general character of the building constituting a portion of the Mortgaged Leased Premises, no replacement whether or not Landlord shall, by reason of the building service equipment so removed any Legal Requirements or disposed of is necessary Insurance Requirements, be required to take such action or desirable in the proper operation or maintenance of said building, the Mortgagor be liable for failure to do so. Landlord shall not be required to replace make any repair or replacement, whether foreseen or unforeseen, or to maintain any of the sameLeased Premises or Adjoining Property in any way, and Tenant hereby expressly waives the right to make or perform maintenance repairs or replacements at the expense of the Landlord, which right may be provided for in any Legal Requirement now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for Restoration pursuant to Paragraphs 13(c) and 14(g) of this Lease. Tenant shall, in all events, make or perform all maintenance repairs and replacements for which it is responsible hereunder promptly, and all such replacements repairs and maintenance shall be in a good, proper and workmanlike manner and of equal or better quality than the original.

Maintenance and Repairs. The Mortgagor will 9.1 Notwithstanding any other provision of this Lease, but subject to Sections 9.2, 16 and 17 hereto, Landlord, at its sole cost and expense (meaning that such costs and expenses are already included in Annual Rental and Operating Cost Increases and shall not commit any waste on otherwise be billed as Additional Rent), shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Land, the Building, Building structures and systems, and, except as set forth below, the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep (including elevator lobbies and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter bathrooms constituting a portion of the Mortgaged Premises) that are necessary or desirable to keep the same: (a) in good PAGE 30 OF 135 (AS MODIFIED) DC DGS FORM L-105 (3/2018) 0000 Xxxxxxxxx Xxxxxx XX XX 000000000x0 EXECUTION VERSION CONDITION AND REPAIR, (B) IN A CLEAN, SAFE AND TENANTABLE CONDITION, AND (C) OTHERWISE IN ACCORDANCE WITH ALL LAWS AND THE REQUIREMENTS OF THE LEASE. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of District shall maintain and repair the same character but of at least equal usefulness Premises (excluding elevator lobbies and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building bathrooms constituting a portion of the Mortgaged Premises) as provided in the next sentences. The District shall provide written notice to Landlord of any material defect in or material damage to the Premises, no replacement and Landlord shall inspect such condition. If the defect or damage is caused by the negligence or willful misconduct of the building service equipment so removed District or disposed its employees (as determined by the judgment of is necessary or desirable a court of competent jurisdiction in the proper operation event the District disputes that the District or maintenance of said buildingits employees were negligent or engaged in willful misconduct), the Mortgagor District shall be responsible for cost of the repair. If the District does not dispute that it is responsible for the cost of the repair or replacement, Landlord shall provide the District with an invoice for the cost of the necessary repair or replacement for the District’s approval, which invoice may include a Landlord service fee not to exceed 3.0% of such cost. If such invoice is approved by the District (or if Landlord is responsible for the repair or replacement), Landlord shall effect the repair or replacement, and, if applicable, the District shall pay any such approved invoice following completion of the subject work and within thirty (30) days after receipt of such invoice. If such invoice is not approved by the District, the District shall be required responsible for undertaking the needed repair or replacement. The District shall suffer no waste or injury to replace any part of the samePremises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises in an order and CONDITION equal to its order and condition on the Rent Commencement Date, subject to ordinary wear and tear, Landlord’s repair and maintenance obligations, and Section 16.

Maintenance and Repairs. The Mortgagor will not commit any waste on Premises and every part thereof shall be, at the Premises or make any change Commencement Date, in good order, condition and repair. Landlord at its cost shall be responsible for the use repair and replacement of all of the structural elements and exterior surfaces of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationincluding roof, roof membrane and roof covering, walls, concrete slab, footings, electrical and plumbing exterior to the building, heating, ventilating and air conditioning system at Landlord's sole expense as and when necessary. The Mortgagor will Tenant shall maintain the heating, ventilation and air conditioning and maintain, repair and replace interior walls, interior ceiling, painting, floor coverings, plate glass and doors at Tenant's sole expense. Tenant shall, at its own cost and expense, provide and maintain landscaping, if any, on the Premises. Tenant agrees to keep and maintain the Premises and the fixtures and equipment therein in first class, properly functioning, safe, orderly and sanitary condition, will suffer no waste or cause to be kept injury thereto, and maintained all buildings and will at the expiration or other improvements now or at any time hereafter erected upon or constituting any portion termination of the Mortgaged PremisesTerm of this Lease, and surrender the sidewalks and curbs abutting same with all improvements in the same, in good same order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when which they were on the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualtyCommencement Date, or in such better condition as they may hereafter be put, ordinary wear and tear and casualty damage to the event extent covered by insurance excepted. All alterations, decorations, additions or improvements in or to the Premises made by Tenant shall become the property of a taking of a portion Landlord upon expiration of the Mortgaged term and shall remain upon and be surrendered with the Premises as a result part thereof without disturbance or injury, unless Landlord requires specific items thereof to be removed by Tenant at Tenant's sole expense, in which event Tenant shall do so prior to the expiration of the term at its expense, and shall repair any damage caused thereby. Notwithstanding the foregoing, if Tenant is not in default in the performance of any exercise of its obligations under this Lease, if any and all damage resulting therefrom be repaired, and Tenant shall post such security with respect thereto as Landlord may reasonably request, Tenant shall have the right to remove, during the last 90 days of the power term of eminent domainthis Lease, all movable furniture, equipment, furnishings or trade fixtures installed in the Mortgagor shall promptly restore, replace, rebuild or alter Premises at the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or takingdirect expense of Tenant, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although same is completed with no damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the same.

Maintenance and Repairs. The Mortgagor will not commit any waste on the Premises or Landlord shall have no obligation to make any change in the use of the Premises which will in any way increase any ordinary fire repairs or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged PremisesLeased Premises except for the roof and exterior walls which is the obligation of the condominium association, and the sidewalks and curbs abutting the sameprovided, in good order and condition and in a rentable and tenantable state or repairhowever, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a any damage to any portion of the Mortgaged Leased Premises as required to be maintained by Landlord or association is a result of any exercise the neglect, negligence or fault of the power of eminent domainLessee, the Mortgagor shall promptly restoreits agents, replaceservants, rebuild employees or alter the same as nearly as possible to the condition they were in immediately prior to such fireinvitees, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor then Landlord shall have the rightright to charge Lessee for all necessary repairs or replacements to be made by reason of such damage and to collect the costs thereof in the same manner as rent. Lessee shall give Landlord notice in writing of any repairs required to be made by Landlord. Lessee accepts the Leased Premises in the condition "as is" on the commencement date of this Lease. Lessee agrees to keep the interior of the premises, all windows, screens, awnings, doors, interior walls, pipes, machinery, plumbing, electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Lessee's own expense, fire, windstorm or other Act of God alone excepted; if replacement shall be required, then Lessee, at Lessee's expense, shall replace the same with material and/or equipment of equal quality of that being replaced. All glass, both interior and exterior, is at the sole risk of Lessee and Lessee agrees to replace at Lessee's own expense any time glass broken during the term of this Lease, and from time the Lessee agrees to time, insure and to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful keep insured all plate glass in the operation Leased Premises and to furnish the Landlord with certification of said insurance. It is hereby understood and agreed that all air-conditioning units and systems, including all duct work, are the property of the building now or hereafter constituting a portion Landlord and shall remain on the Leased Premises upon termination of this Lease; and that the Lessee shall maintain and replace the same when needed during the term of this Lease; and that Lessee shall return said air conditioning units and systems to the Landlord at the termination of this Lease in good working order, reasonable wear and tear excepted. Lessee, at Lessee's own cost and expense, shall maintain all portions of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipmentLeased Premises and adjoining areas, including the parking areas, in a clean and orderly fashion, free of superior titlevermin, liens or claimsdirt, not necessarily of the same character but of at least equal usefulness rubbish and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sameunlawful obstructions.

Maintenance and Repairs. The Mortgagor will not commit Landlord shall make all necessary repairs to the outer walls, roof, downspouts, gutters and basic structural elements, building systems and common areas of the Building. Landlord may decorate, make repairs, construct alternations, additions, changes or improvements whether structural or otherwise in and about the Building or the Complex, or any waste on part thereof, and for such purposes may enter upon the Leased Premises or make and, during the continuance of any change such work, temporarily close doors, entryways, public space and corridors in the use Building, interrupt or temporarily suspend building services and facilities and change the arrangement and location of entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the building, provided that in no such event shall the Tenant's continued operation of its business in the Leased Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operationbe unreasonably interrupted and provided that nothing set forth above shall unreasonably interrupt Tenant's access to the Leased Premises. The Mortgagor will Tenant will, at its sole cost and expense, keep and maintain the Leasehold Improvements in the condition that existed on the date the Leased Premises was first occupied by Tenant and in properly functioning, safe, orderly and sanitary condition, will make all necessary replacements thereto, will suffer no waste or cause to be kept injury thereto, and maintained all buildings and will at the expiration or other improvements now or at any time hereafter erected upon or constituting any portion termination of the Mortgaged PremisesTerm of this Lease, and surrender the sidewalks and curbs abutting same with all improvements in the same, in good same order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when which they were on the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualtyCommencement Date, or in the event of a taking of a portion of condition as the Mortgaged Leased Premises as a result of may be improved after the Commencement Date, ordinary wear and tear and casualty damage excepted. Tenant shall repair or replace, at Tenant's cost and expense, any exercise of damage done to the power of eminent domainLeased Premises, the Mortgagor shall promptly restoreBuilding, replacethe Complex, rebuild or alter any part thereof, caused by Tenant or Tenant's agents, employees, invitees, or visitors, and restore the same as nearly as possible to the condition they were it was in immediately prior to such firedamage. All repairs and replacements shall be effected in compliance with all building and fire codes and other applicable laws and regulations. If Tenant fails to make such repairs or replacements promptly, other casualty Landlord may, at its option, make the repairs or takingreplacements, provided and Tenant shall pay the proceeds cost thereof including but not limited to a charge for Landlord's overhead to Landlord immediately on demand as part of the condemnation Rent due hereunder. Any repairs required to be made by Tenant shall be performed only by contractor(s) designated or approved by Landlord and only upon the prior written approval of Landlord as to the work to be performed and materials to be furnished in connection therewith. Further, in Landlord's sole discretion, Landlord may perform the work to be done by Tenant under this paragraph with contractors of Landlord's choosing and Tenant shall reimburse Landlord for the cost thereof or at Landlord's direction pay such contractors directly and immediately upon demand. Failure of Landlord to strictly enforce or perform the terms hereof shall not constitute a waiver of any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance of said building, the Mortgagor shall not be required to replace the sameprovisions hereof.

Maintenance and Repairs. The Mortgagor will Tenant shall, throughout the Demised Term, take good care of the Leased Premises and the buildings and improvements now or hereafter erected thereon including, but not commit by way of limitation, the Building Equipment located within the Leased Premises (defined for purposes of the Lease as the heating and air conditioning plants and systems, lighting and electrical systems, and plumbing which are physically located within and exclusively serve the Leased Premises, but not including any equipment belonging to Tenant and located on the Leased Premises) and, subject to the rights of Tenant under Article Eight of this Lease, shall not do or suffer any waste with respect thereto. Tenant shall (i) promptly make all repairs, necessary to keep said buildings, improvements, on site improvements, and Building Equipment in a state of order and condition, at least equal to the state of order and condition as existed on the Premises or make any change in the use execution date of this lease which is agreed by Landlord to be satisfactory, subject to reasonable wear and tear, and (ii) irrespective of the Premises which will in availability or sufficiency of any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause insurance proceeds payable with respect thereto pursuant to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged PremisesArticle Nine hereof, and the sidewalks and curbs abutting restore the same, in good order and condition and in a rentable and tenantable state following any damage or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, destruction by reason of any fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or other developments in the operation and maintenance of buildings of the general character of the building constituting a portion of the Mortgaged Premises, no replacement of the building service equipment so removed or disposed of is necessary or desirable in the proper operation or maintenance any settling of said building, the Mortgagor buildings or improvements. Tenant shall not be responsible for repairing and maintaining any building, improvements or Building Equipment which is either (i) not located within the Leased Premises; or (ii) does not serve the Leased Premises, although Tenant shall be responsible for paying its Prorata Share of all costs incurred by Landlord to repair and maintain such buildings, improvements, and Building Equipment and shall pay such costs promptly upon receipt of an invoice therefor. When used in this Article, the term "repairs" as applied to Building Equipment shall include replacements, restoration and/or renewals when necessary. The provisions and conditions of Article Eight applicable to changes or alterations shall similarly apply to repairs required to replace be done by Tenant under this Article. Except as otherwise provided in Article Fourteen, nothing herein contained shall be construed to prevent Tenant or any subtenant, sublessee, or other occupant claiming under or through Tenant from removing from the sameLeased Premises trade fixtures, furniture, and equipment (other than Building Equipment) on the condition, however, that Tenant shall, at its own cost and expense, repair any and all damages to the Leased Premises resulting from or caused by the removal thereof. Tenant shall keep the temperature of the Leased Premises at a minimum of 55º F to prevent freezing of water in the pipes and fixtures.

Maintenance and Repairs. The Mortgagor (a) Except for any Alterations that Tenant is permitted to make pursuant to this Lease, Tenant shall at all times from and after Substantial Completion, including but not limited to any Temporary Taking period, put, keep, and maintain the Leased Premises (including, without limitation, the Leased Premises Structure and Systems, landscaping and the Equipment) in good and safe condition and in the same condition and order of repair as exists as of the date of Substantial Completion, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature (including but not limited to those “capital” in nature or structural), whether foreseen or unforeseen, which may be required to be made upon or in connection with the Leased Premises in order to keep and maintain the Leased Premises (i) in compliance with all Legal Requirements, and (ii) in the order and condition required by this Paragraph 12(a). All repairs or replacement work required of Tenant on the Leased Premises Structure and Systems shall be subject to Landlord's direction and supervision. Tenant will not commit or permit any waste on of the Leased Premises. Tenant shall do or cause others to do all shoring of the Leased Premises or make any change in the use of foundations and walls of the Premises which will in any way increase any ordinary fire Improvements and every other act necessary or other hazard arising out of construction or operation. The Mortgagor will keep appropriate for preservation and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, and the sidewalks and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that end. In the event that the Mortgaged Premises shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion safety thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any damage or injury to the Mortgaged Premises and will give like notice to the Mortgagee of the commencement of any condemnation proceeding affecting the whole or any portion of Mortgaged Premises. The Mortgagor shall have the right, at any time and from time to time, to remove and dispose of building service equipment which may have become obsolete or unfit for use or which is no longer useful in the operation of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological or in connection with any excavation or other developments in the building operation and maintenance of buildings upon any of the general character of the building constituting a portion of the Mortgaged Leased Premises, no replacement whether or not Landlord shall, by reason of the building service equipment so removed any Legal Requirements or disposed of is necessary Insurance Requirements, be required to take such action or desirable in the proper operation or maintenance of said building, the Mortgagor be liable for failure to do so. Landlord shall not be required to replace make any repair or replacement, whether foreseen or unforeseen, or to maintain any of the sameLeased Premises or Adjoining Property in any way, and Tenant hereby expressly waives the right to make repairs or replacements at the expense of the Landlord, which right may be provided for in any Legal Requirement now or hereafter in effect. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or condemnation awards for restoration pursuant to Paragraphs 14(c) and 16 of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in accordance with all Laws and the REA and performed in a good and workmanlike manner. All work described in this Paragraph 12(a) shall be performed only by contractors and subcontractors approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord as an additional insured against such risks, in such amounts and with such companies as Landlord may reasonably require, and to provide Landlord with certificates of such insurance. All such work that may affect the Leased Premises Structure and Systems must be approved by the Building's engineer of record, at Tenant's expense and, at Landlord's election, must be performed by Landlord's usual contractor for such work.

Maintenance and Repairs. The Mortgagor will not commit any waste on 4. Tenant shall throughout the Premises or make any change in the use term of this lease, take good care of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. The Mortgagor will keep and maintain or cause to be kept and maintained all buildings and other improvements now or at any time hereafter erected upon or constituting any portion of the Mortgaged Premises, demised premises and the sidewalks fixtures and curbs abutting the same, in good order and condition and in a rentable and tenantable state or repair, and will make or cause to be made, as and when the same shall become necessary, all structural and non- structural exterior and interior, ordinary and extraordinary, foreseen and unforeseen repairs, renewals, and replacements necessary to that endappurtenances therein. In the event that the Mortgaged Premises Tenant shall be damaged or destroyed in whole or in part, by fire or any other casualty, or in the event of a taking of a portion of the Mortgaged Premises as a result of any exercise of the power of eminent domain, the Mortgagor shall promptly restore, replace, rebuild or alter the same as nearly as possible to the condition they were in immediately prior to such fire, other casualty or taking, provided the proceeds of the condemnation or any insurance policy are made available to Mortgagor. Although damage to or destruction of the Mortgaged Premises, or any portion thereof, shall not of itself constitute a default hereunder, the failure of the Mortgagor to restore, replace, rebuild, or alter the same, as hereinabove provided, shall constitute a default hereunder. The Mortgagor covenants that it will give to the Mortgagee prompt written notice of any responsible for all damage or injury to the Mortgaged Premises demised premises or any other part of the building of the building and will give like notice the systems and the equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting form carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for our supplied to Tenant or any subtenant or arising out of the installation use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repeal all damage to the Mortgagee building and the demised premises caused by the moving of Tenant's fixtures, furniture's and equipment. Tenant shall promptly make at Tenants expense all repairs in and to the demised premises for which Tenant is responsible using only the contractor for the per trade submitted by owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenants is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any detective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising form Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the failure of Owner to comply with covenant of this or any other article of this be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. WINDOW CLEANING: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned form the outside in violation of Section 202 of the Labor Law or any other applicable law or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. REQUIREMENTS OF LAW, FIRE INSURANCE, FLOOR LOADS: 6. Prior to the commencement of the lease term if Tenant is then in possession and at all times thereafter, Tenant, at Tenant's sole cost and expense, shall promptly comply will all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any condemnation proceeding affecting direction of any public officer pursuant to law, and all orders rules and regulations of the whole New York Board of Fire Underwriters, Insurance Services Office, or any portion similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, whether or not arising out of Mortgaged PremisesTenant's use or manner of use thereof, (including Tenant's permitted use) or with respect to the building if arising out of Tenant's use or manner of use of the premises or the building (including the use permitted under the lease). The Mortgagor Nothing herein shall have require Tenant to make structural repairs or alterations unless Tenant has, by its manner of use of the rightdemised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner's satisfaction against all damages, interest, penalties and expenses including but not limited to, reasonable attorney's fees, by cash deposit or by surely bond in an amount and in a company satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations, or requirements provided same is done with all reasonable promptness and provided such appeal shall not be subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall nor do or permit any act or thing to be done in or to the demised premises which is contrary law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to demised premises or the building of which the demised premises for a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall knot keep anything in the demised premises except as not or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and from time then only in such manner which will increase the insurance rate for the building or any property located therein over that in effect prior to timethe commandment of Tenant's occupancy. Tenant shall pay all costs, to remove and dispose of building service equipment expenses, fines, penalties, or damages which may have become obsolete or unfit for use or which is no longer useful in be imposed upon Owner by reason of Tenant's failure to comply with the operation provisions of the building now or hereafter constituting a portion of the Mortgaged Premises. The Mortgagor agrees promptly to replace with other building service equipment, free of superior title, liens or claims, not necessarily of the same character but of at least equal usefulness this article and quality, any such building service equipment so removed or disposed of, except that, if by reason of technological such failure to comply with provisions of this article and if by reason of such failure the fire insurance rate shall at the beginning of this lease or at any time thereafter, be higher than it otherwise would be, then Tenant shall reimburse Owner, as additional rent hereunder for that portion of all fire insurance premiums thereafter paid by owner which shall have been charged because of such failure by Tenant. In action or proceeding wherein Owner and Tenant are parties a schedule or "make-up" of rate for the building or demised premises issued by the New York Fire Insurance Exchange, or other developments body making fire insurance rates applicable to said premises shall be conclusively evidence of the facts therein stated and of the several items and charges in the operation and maintenance of buildings fire insurance's rates then applicable to said premises. Tenant shall not place a load upon any floor of the general character demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law Owner reserves the right to prescribe the weight and position of the building constituting a portion of the Mortgaged Premisesall safes business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, no replacement of the building service equipment so removed or disposed of is necessary or desirable at Tenant's expense, in the proper operation or maintenance of said buildingsetting sufficient in Owner's judgment, the Mortgagor shall not be required to replace the sameabsorb and prevent vibration, noise and annoyance.