Common use of Maintenance of the Premises Clause in Contracts

Maintenance of the Premises. The Tenant shall, at its sole cost, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) days.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen the Lessee shall become liable and does hereby agree to pay to the Lessor. In the alternative, the Lessor may after ten (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (4510) days’ notice treat such a failure as a breach of this Lease and may avail itself of all other remedies therefor.

Maintenance of the Premises. The Xxxxxx has examined the Premises and is satisfied with the physical condition, except as otherwise noted in writing. Upon termination of this agreement, Xxxxxx promises to surrender the premises to landlord in the same condition as when the Agreement term commenced, reasonable wear and tear accepted. Tenant shall, at its sole cost, manage, maintain, operate and repair shall maintain the Premises (including the Building’s Systemslandscaping) in a neat and undamaged condition and, but excluding the Building’s Structure) and all Leasehold Improvementsin particular, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which shall comply with applicable provisions of building codes, maintain the Premises is located subject to reasonable wear in a clean and tear not inconsistent with such standard safe condition, dispose of all ashes, rubbish, garbage and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease other waste in a clean and subject to Article 14. This obligation includessafe manner, but is not limited to, janitorial keep and re-painting at reasonable intervals, making repairs use all plumbing and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical sanitary, heating, ventilating and plumbing systems air conditioning facilities and equipment, lighting elevators and plumbing fixtures, wiring, piping, ceilings other facilities and floors appliances in the Premises, the roof, foundation a clean and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentreasonable manner, and maintaininggenerally conduct themselves and others in their charge, repairing and replacing all operating equipment including pets, in the Premises. The Tenant’s obligations shall expressly a manner so as not include all necessary repairs and replacements of the Building’s Structureto disturb their neighbors or in any way, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation deface, damage, impair or otherwise destroy any part of the Premises. The If Tenant fails to comply with such requirements, Landlord may make necessary repairs and submit a bill to Tenant subject to the provisions of A.R.S. 33-1369. Tenant also agrees to replace furnace filters, air conditioning filters, light bulbs and smoke alarm batteries as frequently as conditions require. Landlord shall at all times comply with the requirements of applicable building codes, make all repairs necessary to keep the Premises in a fit and habitable condition, keep all of the common areas in a clean and safe condition, and maintain in a good and safe working order all existing appliances, plumbing and electrical facilities. Xxxxxxxx agrees to maintain the Premises and as provided in A.R.S. 33-1324. Tenant agrees to complete all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but minor maintenance not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysexceeding $35.00.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor at its expense shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen the Lessee shall become liable and does hereby agree to pay to the Lessor. In the alternative, the Lessor may after ten (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (4510) days’ notice treat such a failure as a breach of this Lease and may avail itself of all other remedies therefor.

Maintenance of the Premises. The Tenant shallshall at all times keep the Rail Facility and other improvements located on the Premises in good operating condition and repair. Additionally, Tenant shall keep the Premises and any other portion of the Refinery used by Tenant pursuant to this Lease free from accumulations of waste material or rubbish resulting from Tenant’s use thereof, and Tenant shall remove at its sole costown expense all temporary structures, managerubbish and waste materials resulting therefrom. Tenant shall take all commercially reasonable steps to eliminate or minimize the use, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment storage or generation of Hazardous Substances in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and connection with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation use of the Premises. The Tenant shall keep be responsible for safely and maintain properly handling, removing and disposing of all Solid Wastes and Hazardous Substances used, stored or generated in conjunction with any use of the Premises Premises. Upon completion of any work on or about the Premises, Tenant shall leave the work site in a clean and all sidewalksorderly condition, vault spacefree from trash, parking areas rubbish, debris and areas adjacent theretoother wastes. “Solid Wastes,” as used herein, safeshall mean, secure and cleanwithout limitation, specifically those waste materials not otherwise defined by federal, state or local law or ordinance as being hazardous, including, but not by way of without limitation, snow “universal wastes” as defined in 40 CFR 273 and ice clearance“used oil” as defined in 40 CFR 260. “Hazardous Substances,” as used herein, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all same meaning as is provided in 40 CFR 300.5 (but including petroleum, including crude oil or any fraction thereof). Tenant shall use commercially reasonable times efforts to reduce and upon prior reasonable written or verbal notice, to examine the condition minimize accidents arising in connection with use of the Premises and notify shall promptly report to Landlord all accidents or occurrences resulting in lost‑time injuries to Tenant’s employees or third parties and damage to Landlord’s property or third parties arising out of Tenant’s use of the Premises. Tenant of deficiencies shall promptly report any governmental inspections relative to operations conducted by Tenant on the Premises as well as the Refinery and the result of such inspections. Where advance notice of an inspection is given, Tenant shall make good promptly notify Landlord of the same. Tenant shall inform Landlord of any deficiencies for which it is responsible within fifteen (15) days from notices, warnings, or asserted violations issued by any governmental agencies relative to any activities performed by Tenant on the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysRefinery.

Maintenance of the Premises. The (a) Tenant shall, at its sole costcost and expense, managetake good care of, maintainmaintain and make all repairs, operate in and repair to the Premises (including Premises, and the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment therein and appurtenances thereto, including without limitation, all doors and entrances, signs, floor covering, walls, columns, partitions, lighting fixtures, HVAC System and other heating and air-conditioning equipment, hot water systems, plumbing and sewerage facilities, sprinkler systems and sprinkler heads, if any, located within or serving the Premises. Tenant shall also maintain a service contract for the HVAC System reasonably acceptable to Owner. Tenant shall also, at its own cost and expense, keep the sidewalks and parking areas in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which front of the Premises is located subject free from snow, ice and other obstructions or encumbrances. If Tenant refuses or neglects to reasonable wear clean maintain or make repairs or otherwise fails to perform any of Tenant's repairs or maintenance obligations hereunder, Owner shall have the right, but shall not be obligated, to perform such maintenance, make such repairs or perform same on behalf of and tear not inconsistent with such standard and for the account of Tenant. All sums so paid by Owner in connection with the exception only of those repairs which are expressly the obligation payment or performance by it or any of the Landlord obligations of Tenant hereunder and all actual and reasonable costs, expenses and disbursements paid in connection therewith or enforcing or endeavoring to enforce any right under or in connection with this Lease, or pursuant to law, together with interest thereon at the maximum legal rate from the respective dates of the making of such payment, shall constitute Additional Rent payable by Tenant under this Lease and subject shall be paid by Tenant to Article 14Owner upon demand by Owner. This obligation includesFor purposes hereof, but is not limited to"repairs" shall mean all repairs, janitorial replacements, renewals, alterations, additions and re-painting at reasonable intervalsbetterments. All contracts between Tenant and others for installations, making maintenance, and repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in alterations involving the Premises, including maintenance agreements, shall be subject to the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements prior written approval of the Building’s StructureOwner, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant approval shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole unreasonably withheld or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysdelayed.

Maintenance of the Premises. The Tenant shallNotwithstanding anything to the contrary in Paraxxxxx 0, Xxxxxxxx xxxll repair damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at its sole Landlord's cost, manageLandlord shall amortize the cost of the repair over the useful life of said repair, maintain, operate and repair Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the Premises (including amortization of said COSI over the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings full Term remaining in the area Lease at the time the repair is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair or damage so caused by the Premises Tenant. For Example: In the event (i) the roof purlin is located subject to reasonable wear repaired at a cost of $ 10,000, and tear not inconsistent with such standard (ii) said repair purlin has a useful life of twenty years, and with (iii) Tenant has one year remaining in its Lease Term al the exception only time said repair was made, Tenant would be charged its prorate share of those repairs $500 ($10,000/20 years x 1 year = $500)) as Additional Rent, in which are expressly the obligation case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord under be responsible for repair of same. In the event the Term of the Lease is extended, pursuant to Paragraph 52 ("Option to Extend Lease for Five (5) Years") or by any other agreement between Landlord and Tenant, Tenant's pro rata share of the earlier repair cost shall be increased to include the additional amount payable IO Landlord due IO the Extended Term of the Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease and subject for an additional five year period, Tenant would be liable for an additional payment to Article 14Landlord of $2,500 as Additional Rent. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements Said payment would be due in full immediately upon Tenant's exercise of its Option to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysExtend.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Xxxxxx as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen (15) days from the date of such Notice or if Lessee shall become liable and does hereby agree to pay to the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) days.Lessor. In the

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation watering Formatted: Tabbed_L2, Tabs: Not at 72 pt Deleted: parking lots, driveways, Deleted: Lessee further agrees to maintain and structurekeep in good repair gas, parking areas water, sewer facilities and sidewalks, equipment and the like and the Lessor shall have no responsibility to make any fire detection restoration or extinguisher equipmentreplacement of such facilities. systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor at its expense shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen the Lessee shall become liable and does hereby agree to pay to the Lessor. In the alternative, the Lessor may after ten (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (4510) days’ notice treat such a failure as a breach of this Lease and may avail itself of all other remedies therefor.

Maintenance of the Premises. The Tenant shall, at its sole cost, manage, maintain, operate and repair Xxxxxx agrees to maintain the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable condition, normal wear and tear not inconsistent with such standard excepted. This shall include all necessary cleaning of floors, walls, restroom facilities, ceilings, and with light fixtures within the exception only of those Premises. Landlord shall perform all repairs which are expressly the obligation and maintenance of the Landlord under this Lease and subject building located at Premises related to Article 14. This obligation includes, (including but is not limited to) the: structure, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, exterior doors, hardwareroof, partitionsHVAC, wallsFire Alarm System, fixtureswater mains, electricalelectrical risers, mechanical plumbing, sewers, lighting, etc. Provided, however, the Tenant shall not be required to pay more than Fifty Thousand and plumbing systems No/100 Dollars ($50,000.00) during the last year of the Initial Term for any maintenance item of a capital nature. For purposes of general maintenance and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in upkeep of the Premises, the roof, foundation and structure, parking areas and sidewalks, Tenant will immediately advise Landlord of any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in damage to the Premises. The Subject to the waiver of subrogation and waiver of claims as set forth in Section XII.F. and G., all damage to the Premises or to the fixtures and equipment serving the building generally caused by Tenant’s obligations , its agents, employees, or invitees, may be repaired, restored, or replaced by Landlord at the expense of Tenant and will be collectible by Landlord. Landlord shall expressly not include complete all necessary repairs and replacements while making reasonable efforts to reduce interference with Tenant conducting business during the course of the Buildingnecessary maintenance or repairs. Further, Landlord shall notify Tenant in writing at least seventy-two (72) hours in advance if Landlord intends to perform necessary or routine maintenance on the Property when said maintenance activities will take place within the Premises and may result in interference with Tenant or Tenant’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of employees conducting business on the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way Payments for said damage will be due within ten (10) days after mailing of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition a statement of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) dayscosts associated with said repair incurred by Landlord.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen (15) days from the date of such Notice or if Lessee shall become liable and does hereby agree to pay to the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) days.Lessor. In the

Maintenance of the Premises. The Tenant shall, at its sole cost, manage, maintain, operate and repair agrees to maintain the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable condition, normal wear and tear not inconsistent with such standard excepted. This shall include all necessary cleaning of floors, walls, restroom facilities, ceilings, and with light fixtures within the exception only of those Premises. Landlord shall perform all repairs which are expressly the obligation and maintenance of the Landlord under this Lease and subject building located at Premises related to Article 14. This obligation includes, (including but is not limited to) the: structure, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, exterior doors, hardwareroof, partitionsHVAC, wallsFire Alarm System, fixtureswater mains, electricalelectrical risers, mechanical plumbing, sewers, lighting, etc. Provided, however, the Tenant shall not be required to pay more than Fifty Thousand and plumbing systems No/100 Dollars ($50,000.00) during the last year of the Initial Term for any maintenance item of a capital nature. For purposes of general maintenance and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in upkeep of the Premises, the roof, foundation and structure, parking areas and sidewalks, Tenant will immediately advise Landlord of any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in damage to the Premises. The Subject to the waiver of subrogation and waiver of claims as set forth in Section XII.F. and G., all damage to the Premises or to the fixtures and equipment serving the building generally caused by Tenant’s obligations , its agents, employees, or invitees, may be repaired, restored, or replaced by Landlord at the expense of Tenant and will be collectible by Landlord. Landlord shall expressly not include complete all necessary repairs and replacements while making reasonable efforts to reduce interference with Tenant conducting business during the course of the Buildingnecessary maintenance or repairs. Further, Landlord shall notify Tenant in writing at least seventy-two (72) hours in advance if Landlord intends to perform necessary or routine maintenance on the Property when said maintenance activities will take place within the Premises and may result in interference with Tenant or Tenant’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of employees conducting business on the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way Payments for said damage will be due within ten (10) days after mailing of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition a statement of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) dayscosts associated with said repair incurred by Landlord.

Maintenance of the Premises. The Tenant shallLessee shall comply with the provisions of the internal regulations currently in effect, and/or the provisions of the co-ownership regulations. The Lessor company shall reserve the right to make any changes in the said regulations for the sake of an improvement in general well-being. The Lessee shall use the leased premises with care, maintaining them and returning them at the end of the lease in good condition in terms of minor repairs incumbent upon the tenant and all types of maintenance. The Lessee shall maintain and replace, as needed, as its entire responsibility, all of the facilities and fixtures intended for its personal use. The posting of signs shall be prohibited. The Lessee shall be solely responsible for paying the expenses associated with all work that it deems useful or necessary in connection with its business activity, along with all repairs and all work of any kind that may be required by the regulations that are currently effective or that may become effective in the future, particularly with regard to health, safety, and working conditions. Any installation or storage of objects whose weight would exceed the weight limit of the floors shall be prohibited. The Lessee shall immediately inform the Lessor, with subsequent written confirmation, of any and all repairs that may be incumbent upon the Lessor to perform, subject to the penalty of being held responsible for any and all deterioration or damage resulting from the silence or delay of the Lessee. At all times the Lessee shall allow free access to the leased premises by the Lessor, its agents, and its architect, so that they may assure themselves of the proper state of maintenance of the premises. The Lessee hereby expressly waives recourse to the provisions of Article 1724 of the Civil Code. The Lessee shall allow any and all repairs, reconstruction work, vertical additions, and other work of any kind that is carried out on the leased premises or in the building. The Lessee shall not seek any indemnification or reduction in the rent, regardless of the extent and/or duration of the aforementioned work. The Lessee shall remove, at its sole costown expense and without delay, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) any and all Leasehold Improvementsfixtures, fixtures and equipment fittings, and/or furnishings whose removal is necessary in good order and condition to for the standards from time to time prevailing for similar industrial buildings repairs described in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation Article 606 of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything Civil Code to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysperformed.

Maintenance of the Premises. The (a) Tenant shall, at its sole costcost and expense, managetake good care of, maintainmaintain and make all repairs, operate in and repair to the Premises (including Premises, and the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment therein and appurtenances thereto, including without limitation, all doors and entrances, signs, floor covering. walls, columns, partitions, lighting fixtures, HVAC System and other heating and air-conditioning equipment, hot water systems, plumbing and sewerage facilities, sprinkler systems and sprinkler heads, if any, located within or serving the Premises. Tenant shall also maintain a service contract for the HVAC System reasonably acceptable to Owner. Tenant shall also, at its own cost and expense, keep the sidewalks and parking areas in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which front of the Premises is located subject free from snow, ice and other obstructions or encumbrances. If Tenant refuses or neglects to reasonable wear clean maintain or make repairs or otherwise fails to perform any of Tenant's repairs or maintenance obligations hereunder, Owner shall have the right, but shall not be obligated, to perform such maintenance, make such repairs or perform same on behalf of and tear not inconsistent with such standard and for the account of Tenant. All sums so paid by Owner in connection with the exception only of those repairs which are expressly the obligation payment or performance by it or any of the Landlord obligations of Tenant hereunder and all actual and reasonable costs, expenses and disbursements paid in connection therewith or enforcing or endeavoring to enforce any right under or in connection with this Lease, or pursuant to law, together with interest thereon at the maximum legal rate from the respective dates of the making of such payment, shall constitute Additional Rent payable by Tenant under this Lease and subject shall be paid by Tenant to Article 14Owner upon demand by Owner. This obligation includesFor purposes hereof, but is not limited to"repairs" shall mean all repairs, janitorial replacements, renewals, alterations, additions and re-painting at reasonable intervalsbetterments. All contracts between Tenant and others for installations, making maintenance, and repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in alterations involving the Premises, including maintenance agreements, shall be subject to the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements prior written approval of the Building’s StructureOwner, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant approval shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole unreasonably withheld or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysdelayed.

Maintenance of the Premises. The Tenant shallNotwithstanding anything to the contrary in --------------------------- Xxxxxxxxx 0, Xxxxxxxx shall repair damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at its sole Landlord's cost, manageLandlord shall amortize the cost of the repair over the useful life of said repair, maintainand Tenant shall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair is made; provided Tenant has not caused such damage, operate in which event Tenant shall be responsible for 100 percent of any such costs for repair or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repair purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the Premises time said repair was made, Tenant would be charged its prorata share of $500 (including $10,000 /20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the Building’s SystemsCalifornia Civil Code and under any similar law, but excluding statute or ordinance now or hereafter in effect Notwithstanding the Building’s Structureforegoing, a crack in the foundation, or exterior walls, that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. In the event the Term of the Lease is extended, pursuant to Paragraph 54 ("Option to Extend Lease for Five (5) Years") or by any other agreement between Landlord and all Leasehold ImprovementsTenant, fixtures and equipment in good order and condition Tenant's pro rata share of the earlier repair cost shall be increased to include the additional amount payable to Landlord due to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation Extended Term of the Landlord under Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease and subject for an additional five year period, Tenant would be liable for an additional payment to Article 14Landlord of $2,500 as Additional Rent. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements Said payment would be due in full immediately upon Tenant's exercise of its Option to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysExtend.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Lessee as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in Deleted: at its expense 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen (15) days from the date of such Notice Lessee shall become liable and does hereby agree to pay to the Lessor. In the Lessee shall reimburse and pay Lesssor, without offset or if the repairing of such deficiencies requires a longer period of timededuction, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) days.Deleted:

Maintenance of the Premises. The Tenant shall, at its sole cost, manage, maintain, operate and repair During the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only term of those repairs which are expressly the obligation of the Landlord under this Lease and subject Agreement, Lessee agrees to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises in good condition and repair, reasonable wear and tear excepted. Lessee shall, at Lessee's cost and expense, have repaired any damages to the water heater and electrical wiring and fixtures; replace all sidewalksbroken glass; keep sinks, vault spacelavatories, parking areas commodes, and areas adjacent theretosewer lines open; repair any plumbing or heating equipment that may be damaged or require maintenance; maintain, saferepair, secure and cleanreplace all floor surfaces and carpets; maintain all wall coverings and attend to interior painting and trim; and keep and maintain all tenantable repairs. Lessee shall further bear the cost and expense of snow removal in and about the Premises, specifically includinglawn mowing in and about the Premises, but not by way and the maintenance and care of limitationexisting landscaping, snow and ice clearance, landscaping and removal of waste and refuse matterif any. The Tenant shall not permit anything to be done upon Lessor's sole responsibility for the Premises shall be for the maintenance, repair, and replacement (as and shall perform all when necessary) of the roof, exterior maintenance, maintenance of structural portions of the improvements on the Premises, maintenance of the concrete slab and repairs thereto so as not) foundation, maintenance of conduits, ducts, and utility mains which are located outside and under the building or are incorporated in the walls thereof, and the maintenance of public water and sewer line connections to invalidatethe Premises. At the conclusion of the term of this Lease Agreement, Lessee agrees to the deliver the Premises to Lessor, peaceably and quietly, in whole or in part any warrantiesbroom-clean condition, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Leasereasonable wear and tear excepted. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord Lessee shall have the right at to remove all reasonable times personal property and upon prior reasonable written or verbal noticeequipment installed by Lessee. It is further understood and agreed that all fixtures and improvements, dividing walls, etc., shall remain "as is", and Lessee shall have no obligation to examine restore the Premises to the condition of the Premises which existed prior to Lessee's occupancy and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysrenovation.

Maintenance of the Premises. The Tenant shall, at its sole costown expense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment maintain in good order repair and safe condition the interior and exterior of the building, including all electrical, plumbing, heating, ventilation and air conditioning systems and any other mechanical systems; as well as the exterior walls and roof, and the sidewalks, parking lot, lawn and plantings. An annual inspection shall be made on or before the anniversary of the effective date of this lease by representatives of Landlord and Tenant to evaluate the standards from time condition of the premises and necessity for repairs for maintenance. If the Landlord and Tenant fail to time prevailing for similar industrial buildings agree on the necessity of repairs or maintenance within 30 days of the date of such inspection or notification to Tenant by Landlord of the necessity of repairs or maintenance, Deleted: 1991 Deleted: 00 Xxxx Xxxxxxx Xxxxxx Deleted: 149.5 Deleted: 22 Deleted: 4 Deleted: 127.5 Comment [c1]: This description does not match with what is in the area in which City’s GIS records. Numbers from GIS website used here. Deleted: ... [1] Deleted: twenty- Deleted: 2 Deleted: a Deleted: Tenant shall comply with the Premises is located restrictions and covenants of the Historic Easement. Deleted: Any redecoration, alterations, or improvements shall be subject to reasonable wear restrictions and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation covenants of the Historic Easement. Deleted: s Deleted: the Deleted: Landlord under this Lease shall provide snow removal services when needed. Deleted: ; the need for such repairs or maintenance and subject to Article 14the scope thereof shall be determined as follows: Landlord and Tenant each shall select one arbitrator, and the two arbitrators so chosen shall select a third arbitrator. This obligation includesThe arbitrators shall then, but is not limited toby majority vote of the three, janitorial and re-painting at reasonable intervals, making determine the necessity for repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical maintenance and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements scope of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premisesor maintenance. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way thereupon perform such repairs or maintenance at its expense in a reasonable period of limitation, snow and ice clearance, landscaping and removal of waste and refuse mattertime. The If Tenant shall not permit anything fail to be done upon do so, the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that Landlord may, at any timeits option, cause such repairs or maintenance to be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal noticeperformed, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant expense of so doing shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time be considered as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) daysadditional rent pursuant to paragraph 11.

Maintenance of the Premises. The Tenant shall(a) Lessee shall at all times, at its sole costexpense, manage, maintain, operate and repair the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation of the Landlord under this Lease and subject to Article 14. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors in maintain the Premises, including all Buildings, or structures located thereon, the roofGrounds, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipmentwatering systems, and maintainingtrees, repairing bushes, shrubs, and replacing all operating equipment other plantings, in a good state of repair and maintenance and in a sightly condition. Repairs and alterations required by normal deterioration are not excepted. Lessor shall make municipal water and sewer service available to buildings on the same terms and conditions as water and sewer are made available to other property in the PremisesVillage of Shorewood Hills. The Tenant’s obligations Lessee shall expressly not include all necessary be liable for cost of repairs and replacements or replacement of damaged portions of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs municipal water and replacements shall be of first-class quality sewer service systems (and sufficient for the proper maintenance their components) that provide water and operation of the Premises. The Tenant shall keep and maintain sewer service to the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything except to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, extent such cost arises in whole or in part any warrantiesfrom the negligence or willful misconduct of Lessee or its members, employees, agents or prevent the procurement of any insurance policies that mayinvitees. Lessee shall, at any timeits expense, be required under pave and maintain the provisions parking lot and driveways off Blackhawk Drive for the Lessee’s use except that Lessor, subject to reimbursement by Xxxxxx as described in subparagraph (b) below, shall repave and stripe the parking lot and driveways in 2015. Lessee shall, at its own expense, maintain the interior of this Leaseall structures on the Premises in a sightly and presentable condition, normal wear and tear not excepted. The Tenant This section shall not obstruct apply to any Building or permit area of the obstruction Grounds used exclusively by the Lessor, which Building or area of any adjoining street or sidewalkthe Grounds shall be maintained at all times in a condition of sightliness and good repair by the Lessor at its expense. The Landlord If the Lessee shall fail to maintain the Premises as required herein, the Lessor shall have the right at all reasonable times and upon prior reasonable written or verbal noticeright, after ten (10) days' notice in writing of the existence of a breach hereunder, to examine the condition of enter the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies such repairs for which it is responsible within fifteen the Lessee shall become liable and does hereby agree to pay to the Lessor. In the alternative, the Lessor may after ten (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (4510) days’ notice treat such a failure as a breach of this Lease and may avail itself of all other remedies therefor.

Maintenance of the Premises. The Notwithstanding anything to the contrary in --------------------------- Paragraph 10, Landlord shall repair, including replacement related to, damage to the structural shell, foundation, and roof structure (but not the interior improvements, roof membrane, or glazing) of the building leased hereunder at Landlord's cost, however, Landlord shall amortize the cost of the repair over the useful life of said repair, and Tenant shallshall be responsible for paying to Landlord one hundred percent (100%) of Tenant's pro rata share of the amortization of said cost over the full Term remaining in the Lease at the time the repair and/or replacement is made; provided Tenant has not caused such damage, in which event Tenant shall be responsible for 100 percent of any such costs for repair and/or replacement or damage so caused by the Tenant. For Example: In the event (i) the roof purlin is repaired at a cost of $10,000, and (ii) said repaired purlin has a useful life of twenty years, and (iii) Tenant has one year remaining in its Lease Term at the time said repair was made, Tenant would be charged its prorata share of $500 ($10,000 / 20 years x 1 year = $500) as Additional Rent, in which case said amount would be due within thirty (30) days of notice from Landlord. Tenant hereby waives all rights under, and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding the foregoing, a crack in the foundation or exterior walls, or any other defect in the Building that does not endanger the structural integrity of the building, or which is not life-threatening, and for which Tenant is not responsible, shall not be considered material, and Landlord may elect, in its sole costand absolute discretion, managenot to repair and/or replace the same. In the event the Term of the Lease is extended for any reason whatsoever, maintain, operate and Tenant's pro rata share of the earlier repair and/or replacement cost shall be increased to include the Premises (including the Building’s Systems, but excluding the Building’s Structure) and all Leasehold Improvements, fixtures and equipment in good order and condition additional amount payable to Landlord due to the standards from time to time prevailing for similar industrial buildings in the area in which the Premises is located subject to reasonable wear and tear not inconsistent with such standard and with the exception only of those repairs which are expressly the obligation Extended Term of the Landlord under Lease. For Example: In the event: (i) the roof purlin was repaired as illustrated above; and (ii) Tenant exercises its Option to Extend this Lease and subject for an additional five year period, Tenant would be liable for an additional payment to Article 14Landlord of $2,500 as Additional Rent. This obligation includes, but is not limited to, janitorial and re-painting at reasonable intervals, making repairs and replacements to plate glass, moldings, trimmings, locks, doors, hardware, partitions, walls, fixtures, electrical, mechanical and plumbing systems and equipment, lighting and plumbing fixtures, wiring, piping, ceilings and floors Said payment would be due in full immediately upon Tenant's execution of an agreement extending the Premises, the roof, foundation and structure, parking areas and sidewalks, any fire detection or extinguisher equipment, and maintaining, repairing and replacing all operating equipment in the Premises. The Tenant’s obligations shall expressly not include all necessary repairs and replacements Term of the Building’s Structure, which shall be the sole responsibility of the Landlord. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. The Tenant shall keep and maintain the Premises and all sidewalks, vault space, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. The Tenant shall not permit anything to be done upon the Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part any warranties, or prevent the procurement of any insurance policies that may, at any time, be required under the provisions of this Lease. The Tenant shall not obstruct or permit the obstruction of any adjoining street or sidewalk. The Landlord shall have the right at all reasonable times and upon prior reasonable written or verbal notice, to examine the condition of the Premises and notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such Notice or if the repairing of such deficiencies requires a longer period of time, then such time as is reasonably required so long as the work has begun within fifteen (15) days from the date of such Notice and such repairs have been completed within forty-five (45) days.