Common use of Repairs Clause in Contracts

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. 9.01 Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, fixtures and furnishings therein, demised premises and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant (and except for fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated by this provision) or by the use of the Premises except demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition; provided, however, that Tenant shall not be required to make any such repairs which are the obligation of Landlord hereunder or which are necessitated by the act, omission or negligence of Landlord, its agents or employees. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by ordinary wear Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and tear for which Landlord has not been and will not be reimbursed by insurance, shall be repaired, restored or beyond replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the reasonable control of Tenant; provided however, that, if original work or installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restorations or replacements, same may be made by Landlord at the expense of Tenant and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a xxxx therefor. Landlord, at its expense, shall effect all necessary maintenance and repairs to the roofs, foundations and structural portions of the Building and Project located outside of the perimeter of the Premisesdemised premises, and Tenant shall be responsible for compliance with such Act during all utilities serving the term of demised premises (including the Lease to sprinkler and HVAC systems), except if same is necessitated by the extent of act, omission or negligence or Tenant, its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leaseagents or employees. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any window xxxxx outside the floors windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor (A) Lessor shall have no duty to Lessee to make any repairs or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage improvements to the Premises except structural repairs necessary for safety and replace tenantability. The cost and expense of any repairs to the Premises or repair all damagedthe Building necessary due to acts or omissions of Lessee or its agents, brokenemployees, contractors, invitees or licensees shall be reimbursed by Lessee to Lessor upon demand as additional rent. (B) Other than normal wear and tear, Lessee shall not cause or permit any waste, damage, or worn fixtures injury to the Premises. From and appurtenances caused by Tenant's use of after the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided howeverRent Commencement Date, thatLessee, if Tenant fails to at its sole expense, shall make such all repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord refurbishments necessary to keep and maintain the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, Premises in good condition and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premisesrepair, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Basewaste, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required damage or injury was due to the negligence of Lessor or willful misconduct its agents. All repairs, replacements and refurbishments shall be at least equal in quality of Tenant; providedmaterial and workmanship to that originally existing in the Premises on the Rent Commencement Date. If Lessee fails to make any such repairs, howeverreplacements or refurbishments, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord Lessor may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterationsreplacements or refurbishments for Lessee's account, improvements and the expense thereof shall constitute and be collectible by Lessor as additional rent, which shall be due and payable within ten (10) days after demand therefor by Lessor. (C) Lessee shall indemnify Lessor against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims and demands, including reasonable attorney's fees, because of Lessee's failure to comply with the foregoing, and Lessee shall not call upon Lessor for any disbursement or additions to the Premises or to the Project or to outlay whatsoever in connection therewith, and Lessee expressly releases and discharges Lessor of and from any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeliability therefor. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT10.

Repairs. During the Lease term, Tenant shallshall make, at Tenant's own expense, keep all necessary repairs to the PremisesLeased space. Repairs shall include such items as routine repairs of floors, including all improvementswalls, fixtures and furnishings thereinceilings, and the non-structural floor or floors other parts of the Building in which the Premises are located, Leased space damaged or worn through normal occupancy. Landlord agrees to maintain in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlordcondition, and within any reasonable period of time specified by Landlordrepair as necessary the foundations, promptly exterior walls and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter roof of the Premises, and major mechanical systems, subject to the obligations of the parties otherwise set forth in this Lease. Alterations and Improvements Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased space from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased space, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased space caused by such removal. Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased space. Tenant shall be responsible for compliance paying all personal property taxes with such Act during the term of the Lease respect to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to personal property at the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTLeased space.

Repairs. Tenant shall(a) Sublandlord shall use commercially reasonable efforts to obtain and/or have performed for Subtenant any and all services, at Tenant's own expenserepairs, alterations and other similar obligations which are the obligation of Landlord under the Prime Lease. In connection therewith, Sublandlord represents and warrants that the following sets forth Landlord’s repair obligations under the Prime Lease, which provision is hereby incorporated into this Sublease: “Landlord shall maintain the Building as a Class A office and laboratory building (with reference to other Class A office buildings in the Market (as defined in Section 4(g)) and thereafter maintain the Building as such. The costs and expenses of doing so shall be deemed to be "Expenses", subject to the provisions of Section 4 of this Lease. During the entire Term of the Lease, Landlord shall keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) structural elements of the PremisesBuilding; (2) the base Building Systems including the mechanical (including HVAC), including all improvementselectrical, fixtures plumbing and furnishings therein, and the non-structural floor or floors of fire/life safety systems serving the Building in general but excluding those for which the Premises Tenant is responsible, such as the tie-ins or point of connection with those systems which are located, in good order, repair and condition at all times during located within or exclusively serving the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under Premises; (3) Common Areas; (4) the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use roof of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofBuilding, including a percentage the roof membrane; (5) exterior windows of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the exterior portions of the Building and Project located common area doors; and (6) elevators serving the Building. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible.” Subtenant shall maintain and repair the interior of the Premises and keep the same in a neat and orderly condition and Subtenant shall pay to Sublandlord all reasonable out-of-pocket costs incurred by Sublandlord in making any repairs necessitated by Subtenant's, its servants', agents', and employees' negligence as additional rent, payable within thirty (30) days from the date of rendition of a bxxx therefor. Subtenant covenants that it shall not make any repairs or in any way tamper with the heating, air-conditioning, ventilating, electrical, plumbing or mechanical systems of the Building outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shallLandlord shall make the necessary structural repairs to the roof and walls of the Building of which the Leased Premises form a part unless such repairs are necessitated by the acts of Sub-subtenant or Sub-subtenant’s agents, at Tenant's own expenseservants, keep employees or invitees. Except as provided in the immediately preceding sentence and for what may otherwise be specifically provided for in this Lease, Sub-subtenant shall be responsible for all maintenance and repairs of and to the Leased Premises, including all improvementsbut not limited to the following responsibilities: Sub-subtenant shall take good care of the Leased Premises and the fixtures, fixtures appurtenances and furnishings thereinsystems in or affecting the Leased Premises (including but not limited to plumbing, doors, painting, windows, electrical, heating and sprinkler and air-conditioning, if any), and shall make all repairs thereto or replace as and when needed to preserve them in good working order and condition, and shall maintain the Leased Premises in a clean, neat and orderly condition. Sub-subtenant shall not permit or suffer the Leased Premises to fall to such low temperature as would cause freezing of the water lines or sprinkler servicing the Leased Premises; and, in default hereof, Sub-subtenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall hold Landlord harmless form any loss, damage or liability caused by or arising out of such freezing. Notwithstanding anything above to the contrary, all damage or injury to the Leased Premises or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural floor repairs, caused by or floors resulting from carelessness, omission, neglect or improper conduct of the Building in which the Premises are locatedSub-subtenant, in good orderits servants, repair employees, invitees or licensees, shall be repaired promptly by Sub-subtenant at its sole cost and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval reasonable satisfaction of Landlord, Landlord and within any reasonable period of time specified by Landlord, promptly and adequately in accordance with Section 8 hereinabove. Sub-subtenant shall also repair all damage to the Leased Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use the moving of Sub-subtenant’s fixtures, furniture or equipment. All of the Premises except for damage caused by ordinary wear and tear aforesaid repairs shall be of quality or beyond class at least equal to the reasonable control of Tenant; provided however, that, if Tenant original work or construction. If Sub-subtenant fails after ten (10) days’ notice to proceed with due diligence to make repairs required to be made by Sub-subtenant, the same may be made by Landlord, at Landlord’s option (in which event Landlord shall not be liable for any injury to persons, damage to property or loss of business arising out of the making of such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord ) at the cost thereof, including a percentage expense of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the BuildingSub-subtenant, and the landscapingexpenses thereof incurred by Landlord (together with interest at the Default Lease Interest Rate) shall be collectible as additional rent within ten (10) days of demand therefore. There shall be no allowance to Sub-subtenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, walkways, driveways and parking areas of annoyance or injury to business arising from the Project, except to the extent that such repairs are required due to the negligence making or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times failing to make such by Landlord, Sub-subtenant or others, of any repairs, alterations, additions or improvements or additions to the Premises in or to the Project Leased Premises or to any the fixtures, appurtenances or equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTthereof.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, A. Landlord shall be responsible for compliance with making all repairs necessary to maintain the American Disabilities Act with respect to plumbing, the portions fire protection, sprinkler and security systems, ventilating, air conditioning and electric systems of the Building and Project located outside those serving the Leased Premises; the elevators servicing the Building; the electric feeder lines carrying electricity to the distribution boxes servicing each floor of the perimeter Building(but not including the cost of maintenance and repair of the electric lines carrying electricity from the distribution box to the Leased Premises); external windows; and structural components of the floors (excluding carpet, and linoleum, wood or other flooring installed by Tenant or Landlord). Landlord shall be responsible for compliance with such Act during the term of the Lease maintaining any connections to the extent of its applications Building plumbing, electric and air conditioning systems, and for making all repairs to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due meters installed for measuring utility consumption pursuant to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease9E hereof. Landlord shall also not be responsible for obligated to commence any such repairs within the Leased Premises (other than normal air conditioning maintenance) until after receipt of written notice from Tenant that such repair is needed. If any such repair is caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, Landlord shall have the right to make the repair at Tenant's sole cost and expense, provided that if the damage necessitating such repairs is covered by insurance carried by Landlord or Tenant, the proceeds of such insurance shall be made available by Landlord, or by Tenant, as the case may be, to cover the cost of such repairs and the rights of any party, and of its insurer, shall be subject to the exterior wallsprovisions of Section 21D. If Tenant requires maintenance, foundation servicing, repair or replacement of any special plumbing, ventilating, air conditioning, electric, fire protection or sprinkler system installed for the Tenant's benefit in the Leased Premises, such as any special air extractor equipment, whether or not such system is tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made by Landlord, its agents, or contractors, or, if Landlord shall so determine, by engineers or contractors engaged by Tenant and roof approved by Landlord, but, in either event, at the sole expense of Tenant, unless the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that need for such repairs are required due to is caused solely by the negligence or willful misconduct of Landlord or Administrator, their contractors, agents or employees. Any repairs by Landlord for Tenant; provided's account shall be performed by Administrator, however, that if or under Administrator's supervision and the cost of such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs be at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located rates competitive in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTSan Jxxx market for work of the same type.

Repairs. The Landlord shall, at its own cost and expense, and during the term of the Lease, maintain and make all necessary repairs and replacements of a capital nature to the roof, foundations, beams, girders, and other structural elements of the Building, mullions, exterior runoff water and related drainage systems, all exterior areas, including parking lots and walkways, all other common areas and facilities and exterior walls of the Premises only (exclusive of signs which may be installed by the Tenant). However, the Landlord shall have no obligation to repair any damage resulting directly from negligent acts of the Tenant, its agents, employees, contractors, and invitees unless covered by Landlord's insurance policy. In connection herewith, the Landlord represents (i) The Property shall be maintained consistent with generally accepted practices associated with a first class research and development building, (ii) it shall provide snow plowing for the parking areas, (iii) it shall remove snow and ice from walkways and (iv) it shall provide landscaping services so that the Property is maintained in a neat and clean condition. From and after the commencement of and during the Term, the Tenant shall, at Tenant's its own cost and expense: make all other non-structural repairs, interior and exterior, necessary to keep the Premises, including all improvementselectrical, fixtures mechanical, heating, ventilating and furnishings thereinair conditioning (including any roof top unit), plumbing (other than in common areas) and other building systems [excluding sewer and gas systems, common building systems and all capital repairs and replacements] serving the non-structural floor or floors Premises, in as good condition, order and repair as the same are at the commencement of the Building in Term or thereafter may be put, reasonable wear and use, damage by fire or other casualty caused by the Landlord and repairs which are expressly the obligation of the Landlord hereunder only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises are located, in good order, repair and condition at all times during the Lease Termcondition). In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect all replacements of a capital nature to the portions of air conditioning and other building systems. Notwithstanding the Building and Project located outside of same, the perimeter of the Premises, and Tenant shall be responsible liable to pay the Landlord the cost of such replacements according to the following: The Tenant shall be assessed for compliance with such Act the capital improvements described aforesaid based on an amortization of ten (10) years. Thereupon, the Tenant shall pay to the Landlord, as Additional Rent under (S)6, each month during the term remaining Term of the Lease a portion of said cost, based upon said amortization period. As an example, if a replacement of a capital nature to the extent of its applications to air conditioning or other building systems is made at the area located within the perimeter conclusion of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction third (3rd) Year of the "Base, Shell and Core" Term as defined in Section 1.1 of EXHIBIT B (S)4, the Tenant would be required to this Lease. reimburse the Landlord shall also be responsible for repairs to the exterior walls, foundation and roof one-one hundred twentieth (1/120) of the Building, cost incurred for the structural portions replacement of the floors applicable system for each month during the remainder of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; providedTerm. In no event, however, that if such repairs are due shall the Tenant be assessed a reimbursement to the negligence or willful misconduct Landlord for the costs of Tenantthe replacements for the air conditioning and other building systems beyond the Term of the Lease. Notwithstanding anything to the contrary as contained in this Paragraph, the Landlord shall nevertheless make such be solely and exclusively liable for all repairs at Tenant's expense. Subject and replacements which are capital in nature, subject to reimbursement by the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project tenant as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTprovided for above.

Repairs. 7.01. Landlord, at its own cost and expense (subject to recoupment pursuant to Article 3 hereof), shall keep and maintain the public portions of the Building and the systems and facilities of the Building serving the demised premises (to the point of connection where the same enter the demised premises, or in the case of the electric system, to the electric closet on each floor of the demised premises except with respect to the Air-Cooled Units and the Water-Cooled Unit as to which the extent of Landlord's maintenance obligations shall be governed by the provisions of clause (ii) of subsection 21.01(a) hereof) in good working order, condition and repair and shall make all repairs thereto structural and otherwise, interior and exterior, as and when needed, to the extent that such items affect the use, occupancy or enjoyment of the demised premises for the conduct of Tenant's business, and Landlord shall make structural repairs to the demised premises, except that nothing contained in the foregoing shall obligate the Landlord to make those repairs for which Tenant is specifically responsible pursuant to any of the provisions of this Lease. Tenant shall take good care of the demised premises and shall, at Tenant's own its sole cost and expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the make such non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject repairs to the prior approval of Landlord, demised premises and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused therein as are necessitated by Tenant's the act, omission, occupancy or negligence of Tenant or by the use of the Premises except demised premises in a manner contrary to the purposes for damage caused by ordinary wear which same are leased to Tenant, as and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails when needed to make such repairs, Landlord may, but need not, make such repairs preserve them in good working order and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for samecondition. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect all damage or injury to the portions of the Building demised premises and Project located outside of the perimeter of the Premisesits fixtures, equipment and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premisesappurtenances whether requiring structural or non-structural repairs, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence caused by or willful misconduct of Tenant; provided, however, that if such repairs are due to resulting from the negligence or willful misconduct of Tenant, its servants, employees, invitees, contractors or licensees, shall be repaired promptly by Tenant at its sole cost and expense. Tenant, at its expense, shall promptly replace all damaged or broken doors and glass (other than exterior windows) in and about the demised premises unless such damage was caused by Landlord or its agents, employees or contractors, and shall nevertheless make be responsible for all repairs, maintenance and replacement of wall and floor coverings in the demised premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall PARK AVE ARMORY/NYLPC - LEASE PT I promptly make, at Tenant's expense, all repairs in or to the demised premises for which Tenant is responsible hereunder, and any repairs required to be made by Tenant hereunder to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) approved by Landlord, such approval not to be unreasonably withheld or delayed. Any other repairs in or to the Building outside the demised premises and the facilities and systems of the Building for which Tenant is responsible, shall be performed by Landlord at a reasonable cost and at Tenant's expense. Subject Except as otherwise provided in Section 9.05 hereof, all damage or injury to the limitations demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property into or out of Article 27the Building or by installation or removal of furniture, Landlord mayfixtures or other property, but shall not be required torepaired, enter restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the Premises at all reasonable times original work or installations. If Tenant fails to make such repairs, alterationsrestoration or replacements within a reasonable period of time after demand is made therefor by Landlord, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord same may be required made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. The exterior walls of the Building, the portions of any window xxxxx outside the windows, the windows, the fire stairs, any terraces or Building set back areas, utility closets and any shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and Landlord reserves all rights to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTsuch parts of the Building.

Repairs. Landlord shall maintain all of the demised Premises, excluding the Building, and shall maintain the roof, exterior structural walls, foundation as to load bearing integrity, fire sprinklers, electrical panels, and HVAC system. All of Landlord's costs of maintenance shall be subject to reimbursement pursuant to paragraph 5 hereof. Tenant shall, at its sole cost, keep and maintain (including replacements if necessary) the Building, and every part thereof (except as noted in the preceding paragraph) and all appurtenances in clean, good and sanitary order, condition and repair, and Tenant expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the expense of the Landlord. Tenant shall keep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and free of all debris. Tenant agrees that it will paint, varnish, wallpaper, or otherwise redecorate or renovate the interior of the Premises and Tenant's own expensetrade fixtures when necessary to maintain the Premises in a first-class condition. Landlord for the benefit of Tenant will enforce all rights to repair or replacement of defective work under contracts for the construction of the Building or Tenant's Improvements. On the last day of the term, keep or at any sooner termination of this Lease, Tenant shall also surrender to Landlord the Premises in good and sanitary condition and repair, but with reasonable use, wear and tear, or damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures which Tenant has the right to remove from the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within restoring any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear such removal. Repairs to the premises required to be made by Tenant under the provisions of this lease must be completed whether or beyond not they are due to either conditions existing upon the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage commencement of the cost thereof (to be uniformlylease, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act use during the term of the lease. During the term of this Lease to the extent of its applications to the area located within the perimeter of Landlord shall keep in force preventative maintenance contracts with qualified contractors covering all heating and air conditioning equipment and elevator equipment which serves the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shallLandlord shall maintain the Common Areas and the exterior walls, at roof and foundation of the Building and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the Building, and the cost thereof shall be included in Operating Charges subject to the provisions of Section 3.2; provided, however, that if any such repairs shall be occasioned by the acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's own expense, keep use of the Premises, including all improvements, fixtures and furnishings therein, and Tenant shall be responsible for the non-structural floor or floors entire cost of such repairs. Except for the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In additionrepairs Landlord is specifically obligated to make as set forth above, Tenant shall, at Tenant's own its expense, but under during the supervision Lease Term, make all other necessary repairs and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage replacements to the Premises (including any restrooms within the Premises), and replace or keep and maintain the same in good condition and repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use so that at the expiration of the Term, the Premises except for damage caused by shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and tear or beyond excepted. At the reasonable control request of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord mayshall replace any light bulbs, but need not, make such repairs tubes and replacements, ballasts in the Premises and Tenant shall pay Landlord the cost thereof, including thereof within ten (10) days after receipt of a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising written demand from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with such Act glass of equal quality any broken or cracked plate or other glass in doors or windows in the Premises. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Premises which Tenant was obligated to perform during the term Lease Term, which obligation shall survive the expiration or early termination of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs Landlord, at Landlord's option, may elect to the exterior walls, foundation and roof perform all or part of the Buildingmaintenance, repairs and servicing which is the structural portions obligation of Tenant hereunder, in which event the floors of cost thereof shall be billed directly to and paid by Tenant as additional rent. Except as aforesaid, in the Buildingevent that, at the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct request of Tenant, Landlord shall nevertheless make such performs any maintenance, repairs at Tenant's expense. Subject to the limitations or servicing of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairswhich is the obligation of Tenant hereunder, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as then Tenant shall pay Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTdirectly therefor.

Repairs. Tenant shallagrees that except as otherwise provided in this Article, at Tenant's own expense, keep it will perform all necessary nonstructural interior repairs to the Premises, including repair or replacement of damaged or broken doors and windows and routine maintenance of the heating, ventilating, air-conditioning systems ("HVAC"), plumbing, gas, electrical and similar systems which are located in and service exclusively the Premises. Tenant shall service and maintain the HVAC by retaining a qualified contractor under a service agreement with a minimum of four (4) inspection and maintenance visits per year. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Landlord pursuant to this Article or elsewhere under this Lease. Subject to the provisions and authority afforded Landlord under Article 27 herein, Landlord, at its sole cost and expense, shall make all improvementsstructural repairs to the Premises, fixtures and furnishings thereinwhether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the non-structural floor or floors exterior of the Building in which Premises including without limitation the Premises are locatedroof, in good orderroof membranes, repair walls (including the removal of efflorescence, if any), foundations, gutters, parking and condition at all times during drive areas, fire sprinkler system, utility lines from the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval point of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage connection to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of to the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsmain line, and Tenant downspouts. Landlord shall pay Landlord the cost thereofmake all necessary replacements of obsolete or unrepairable HVAC, including a percentage of the cost thereof (to be uniformlyplumbing, nondiscriminatorilygas, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees electrical and other costs similar systems (and components thereof) which service all or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter any part of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease make any repairs to the extent Premises necessitated by any neglect, fault or default of Landlord, its applications agents, employees or contractors. Further, Landlord shall indemnify, defend and hold Tenant harmless from all actual loss, damage, costs, expenses or claims (exclusive of consequential, special or punitive damages, including, without limitation, lost profits) arising or resulting from Landlord's failure to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to fulfill its repair obligations under this Lease. in performing its obligations under this Article or elsewhere under this Lease, Landlord shall also be responsible for use commercially reasonable efforts not to unreasonably interfere with Tenant's normal business operations. If Landlord fails to undertake and complete to Tenant's reasonable satisfaction the 11 repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence under this Article or willful misconduct of Tenant; elsewhere under this Lease within thirty (30) days after written notice from Tenant (provided, however, that Landlord shall not be deemed in default if such repairs are due repair cannot be completed within such thirty (30) day period and Landlord commences curing such default within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable time not to exceed sixty (60) days), then upon five (5) days' prior written notice, Tenant shall have the negligence or willful misconduct of Tenant, Landlord shall nevertheless right to make such repairs on behalf of Landlord and to deduct the cost thereof, plus ten percent (10%) of such cost to cover its overhead and administrative costs, from the Rent otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Landlord agrees that in the event of an emergency which necessitates immediate maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired or replaced by Landlord, and Tenant is unable to contact Landlord and advise it of such emergency condition Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Landlord agrees to reimburse Tenant for the cost of such repairs, within thirty (30) days of written demand. If Landlord does not so reimburse Tenant, then Tenant may deduct such amount from the Rent otherwise payable hereunder. If at any time during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to Tenant's particular use of or operations within the Premises, all such modifications or repairs shall be at Tenant's sole cost and expense. Subject If during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to buildings or structures similar to the limitations of Article 27one occupied by Tenant, or apply generally to retail businesses or operations (as compared with Tenant's particular business operation), then all such modifications or repairs shall be at Landlord's sole cost and expense. If Landlord may, but shall does not be required to, enter the Premises at all reasonable times to make such modifications or repairs, alterationsthen Tenant may make such modifications or repairs upon five (5) days' written prior written notice and deduct the amount expended therefor, improvements plus ten percent (10%) of such amount for its overhead and administrative costs, from the Rent otherwise payable hereunder, Notwithstanding anything in this Lease to the contrary, in the event of any failure of Landlord to comply with the provisions of this Article or additions elsewhere in this Lease, and such failure materially and substantially interferes with Tenant's ability to conduct its regular and customary business in the Premises or materially and substantially impedes or materially and substantially impairs ingress to or egress from the Premises or the visibility of Tenant's storefront or blue wedge or use of the Common Areas for more than forty-eight (48) hours, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to Landlord unless, prior to the Project or expiration of such period, Landlord has cured such default and/or Tenant shall have the right to any equipment located proportionately abate Rent undxx xxis Lease during such period of impairment in the Project as Landlord shall reasonably deem necessary amount which is greater of (i) the corresponding time during which Tenant is deprived due to Landlord's failure to comply with the provisions of this Article or as Landlord may be required those elsewhere in this Lease or (ii) an amount equal to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWthe decrease in sales, STATUTEif any, OR ORDINANCE NOW OR HEREAFTER IN EFFECTduring such period of impairment over sales for the equivalent period of the prior year.

Repairs. Landlord shall, at its sole expense(unless need for repair is caused by Tenant), maintain and promptly repair the public and structural portions of the Building, both exterior and interior, and all Building wide mechanical systems, elevators and the roof of the Building. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's own ’s sole cost and expense, keep make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, including all improvements, fixtures and furnishings therein, and damage or injury to the non-structural floor Premises or floors to any other part of the Building in which Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, resulting from the Premises are locatednegligence or wrongful acts of, in good orderor Alterations made by, repair and condition at all times during the Lease Term. In additionor any work, labor, service or equipment done for or supplied to, Tenant shallor any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant's own its sole cost and expense, but under the supervision and subject to the prior approval commercially reasonable satisfaction of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately . Tenant also shall repair all damage to the Building and the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by the moving of Tenant's use ’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and class substantially equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after twenty (20) days notice from Landlord to proceed with due diligence to make repairs required to be made by Tenant hereunder, and if Landlord thereafter elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a bxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises except for damage caused which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof or elsewhere in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by ordinary wear and tear reason of inconvenience, annoyance or beyond the reasonable control of Tenant; provided however, that, if Tenant fails injury to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect Tenant or others making, or failing to the portions of the Building and Project located outside of the perimeter of the Premisesmake, and Tenant shall be responsible for compliance with such Act during the term of the Lease any repairs, alterations, additions or improvements in or to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof portion of the Building, or the structural portions Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the floors of the BuildingPremises are temporarily darkened, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are if required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenantby law, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but not be liable for any damage Tenant may sustain thereby and Tenant shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or entitled to any equipment located in compensation therefor nor abatement of Rent nor shall the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTsame release Tenant from its obligations hereunder nor constitute an eviction.

Repairs. Throughout the term of this lease, Landlord, at Landlord's expense, shall be responsible to make all repairs and replacements to the structure (including foundation, utility lines and equipment and exterior walls) and roof (including decking and coverings) and shall be responsible to maintain the exterior of the building in which the leased premises is located, including landscaped and parking areas and entrance way and adjacent steps, in good condition and repair, subject to reimbursement by Tenant shallas provided in Section 10 hereof. During the first twelve (12) months after the Commencement Date, Landlord, at Landlord's expense, shall be responsible to make all repairs and replacements to the HVAC system, without reimbursement by Tenant as provided in Section 10 hereof. Tenant agrees, throughout the term of this lease, to take good care of the leased premises and fixtures and the appurtenances therein and shall make, at its own expense, repairs and replacements required to keep the leased premises, HVAC systems servicing the leased premises exclusively (subject to Landlord's obligation during the first twelve (12) months of the term hereof), fixtures, plumbing and electrical systems and related fixtures and equipment in good working order and condition, and Tenant will be responsible for all glass breakage and damage due to sprinkler leakage. Landlord at Landlord's expense, will maintain the lawn and all landscaping in good condition and will remove all snow and ice from all parking areas, driveways, steps, walkways and sidewalks, including sidewalks and driveways adjacent to the leased premises and all of the common areas. Landlord shall assign to Tenant all warranties and guarantees relating to the leased premises. Tenant shall maintain, at Tenant's expense, from and after the Commencement Date, an annual maintenance contract for the HVAC system with a reputable contractor reasonably satisfactory to Landlord, and Tenant will furnish Landlord, prior to the commencement date of the contract or prior to its annual renewal date, a copy of the maintenance contract and evidence of payment of the annual charge. However, Tenant will have no obligation to repair, replace, service or maintain those HVAC units which are intended to service the leased premises exclusively but which units Tenant elects not to use. Tenant shall maintain, at its own expense, keep all light bulbs, fluorescent tubes and lighting fixtures in the Premisesleased premises, including all improvementscomponent parts such as starters, fixtures and furnishings thereinballasts, and the non-structural floor lenses or floors of the Building grills. All repairs made by Tenant shall be at least equal in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject quality to the prior approval original work. Tenant shall make such alterations, additions or improvements as may be permitted pursuant to Section 18 of Landlord, this lease and within any reasonable period of time specified all repairs only between such hours and by such contractors or mechanics as may be approved in writing by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but approval shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements unreasonably withheld or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTdelayed.

Repairs. 7.1 Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, fixtures and furnishings therein, demised premises and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused therein as are necessitated by Tenant's the reckless or negligent acts or omissions of Tenant or by the use of the Premises except demised premises in a manner contrary to the purposes for damage caused by ordinary which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or beyond other casualty. All damage or injury to the reasonable control demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant; provided however, thatshall be repaired, if restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, and within ten (10) days after Landlord gives Tenant shall pay Landlord written notice of the cost necessity thereof, including a percentage 26 the same may be made by Landlord at the expense of the cost thereof (to be uniformly, nondiscriminatorily, Tenant and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within thirty (30) days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasebill xxxrefor. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any windowsills outside the floors windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shallshall put, keep, repair and maintain the Leased Premises at all times in a good, neat, clean and sanitary condition and state of repair, reasonable wear and tear excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant's own expense, its officers, employees and agents. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, and shall pay Landlord as additional rent the cost of such repairs made for Tenant by Landlord. Landlord shall make all necessary repairs to the outer walls, roof, and structural elements of the Building. Landlord shall keep the Premisesplumbing, including all improvementssewage, fixtures heating, air conditioning, electrical and furnishings therein, and the non-structural floor or floors ventilating systems of the Building in which outside the perimeter of the Leased Premises are located, in good orderrepair, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond and casualty damage covered by insurance excepted. Landlord shall maintain and keep the reasonable control of Tenant; provided howevercommon areas, thatgrounds, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs driveways and replacements, parking areas in a neat and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for sameclean condition. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect any cost of repairs or improvements to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs Leased Premises or to any common areas which are required due to occasioned by the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct default of Tenant, Landlord shall nevertheless make such repairs at its officers, employees, agents or invitees, or by requirements of law, ordinance or other governmental directive and which arise out of the nature of Tenant's expense. Subject to use and occupancy of the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Leased Premises or to the Project or to any equipment located installations of Tenant in the Project Leased Premises shall be paid for by Tenant, as Landlord shall reasonably deem necessary or as Landlord may be required to do additional rent hereunder, immediately upon billing unless covered by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTLandlord's Insurance.

Repairs. Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the non-structural floor or floors of the Building in on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of ’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's ’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 621575.04/WLA X0000-343 OR UNDER ANY SIMILAR LAW000/00-0-00/xx/xx -00- XXXX XXXXXXX PLAZA [BrightSource Energy, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.Inc.]

Repairs. Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, window coverings, and furnishings therein, and the non-structural floor or floors of the Building in on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of ’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's ’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon at least 24 hours prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, or (ii) repairs which are the obligation of Tenant hereunder which Tenant fails to make after the applicable notice and cure period, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to item (ii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Except to the extent Landlord is responsible for repair and maintenance as expressly set forth below, Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, (a) plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers, and (b) all equipment located in the Premises that is utilized to supply supplemental HVAC to the Premises), and the non-structural floor or floors of the Building in on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant, or as set forth in Section 11 below; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, in accordance with Article 27 below, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives and releases any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Notwithstanding anything to the contrary herein, from and after the commencement of the Term, the Landlord shall, at its own cost and expense, make all repairs necessary to keep the structural support elements (which term shall include the footings and foundations, floor slab, exterior walls, structural columns, planking beams and girders of the Building) in structurally good condition, order and repair, excepting any damage resulting from any acts and any omissions of the Tenant or its agents, contractors and employees. The party from time to time having the responsibility for repair of any portion of the Premises shall have (and, to the extent necessary to effectuate this paragraph the Landlord hereby assigns to the Tenant) the benefit of all warranties and guarantees from manufacturers, suppliers and subcontractors whose products or services are or may be incorporated into the Premises. Subject to the terms and provisions of the immediately following paragraph, the Tenant shall, at Tenant's its own cost and expense, make all other repairs, structural and non-structural, exterior and interior, necessary to keep the Premises, including all improvementsthe sidewalks, fixtures and furnishings thereincurbs, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to driveways adjoining the Premises and replace all electrical, mechanical, sprinklers, plumbing, heating, air conditioning and other building systems serving the Premises in as good condition, order and repair as the same are at the commencement of the Term or repair thereafter may be put, excepting only repairs which are the obligation of the Landlord hereunder and damage resulting from any acts and omissions of the Landlord or its agents, contractors and employees, from reasonable wear and use and from fire or other casualty and eminent domain takings, and shall keep and maintain all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use portions of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscapingsidewalks and driveways adjoining the same in a clean and orderly condition, walkwaysfree of accumulation of dirt, driveways rubbish, snow and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTice.

Repairs. From and after the commencement of the Term, the Landlord shall, at his own cost and expense, make all repairs necessary to keep the structural support elements (which term shall include the footings and foundations, floor slab, structural columns, planking beams, girders and roof of the Building) in structurally good condition, order and repair, excepting only any damage resulting from any acts and any omissions of the Tenant or its agents, contractors and employees, from fire or other casualty and from eminent domain takings. The Landlord shall also make all repairs to portions of the Premises which are otherwise the responsibility of the Tenant to repair if the same require repair by reason of the failure of elements of the Premises which are the responsibility of the Landlord and if such failure was in no way attributable to the act or omission of the Tenant, its agents, employees or contractors. The party from time to time having the responsibility for repair of any portion of the Premises shall have (and, to the extent necessary to effectuate this paragraph the Landlord hereby assigns to the Tenant) the benefit of all warranties and guarantees from manufacturers, suppliers and subcontractors whose products or services are or may be incorporated into the Premises; Landlord will separately assign to Tenant all such warranties and guaranties relating to portions of the Premises for which Tenant has the responsibility for repair and at the request of the Tenant, the Landlord will furnish the Tenant with original signed counterparts of any contracts for construction. Any repairs or replacements to the roof, parking area and HVAC system which are capital in nature shall be made by the Landlord and the cost shall be amortized over their useful life in accordance with generally accepted accounting principles at an interest rate of 8%. Tenant shall reimburse Landlord on a monthly basis as Additional Rent its pro rata share of such amortization of cost during its Term and any extension. The Tenant shall, at Tenant's its own cost and expense, make all other non-structural repairs, exterior and interior, necessary to keep the Premises, including all improvementsthe sidewalks, fixtures and furnishings thereincurbs, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to driveways adjoining the Premises and replace all electrical, mechanical, sprinklers, plumbing, heating, air conditioning and other building systems serving the Premises in as good condition, order and repair as the same are at the commencement of the Term or repair thereafter may be put, excepting only repairs which are the obligation of the Landlord hereunder and damage resulting from any acts and omissions of the Landlord or its agents, contractors and employees, from fire or other casualty and from eminent domain takings, and shall keep and maintain all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use portions of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscapingsidewalks and driveways adjoining the same in a clean and orderly condition, walkwaysfree of accumulations of dirt, driveways rubbish, snow and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTice.

Repairs. Landlord shall make all repairs necessary to maintain the plumbing (excluding sinks and similar facilities serving only the Premises), air conditioning (excluding any supplemental units serving only the Premises) and electrical systems, windows, floors (excluding floor coverings) and walls (other than paint or wall covering) and except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request. It is provided, however, that Landlord shall not be obligated for any of such repairs and shall not be deemed to be in default of its obligations under this Lease until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed and as long as Landlord is making a diligent effort to make said repair. In no event shall Landlord be obligated under this Article to repair any damage caused to the Premises or any part thereof by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, subcontractors or assignees. Tenant shall take good care of the Premises and the fixtures and appurtenances therein and make all repairs and replacements needed to keep them in first class order and condition, except for those repairs and replacements required to be performed by Landlord. Tenant shall, at Tenant's own its sole cost and expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair replace all damage or injury to the Premises and replace Building and to fixtures and equipment caused by Tenant or repair all damagedits employees, brokenagents, invitees, licensees, subtenants, contractors, or worn subcontractors, or assignees as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property, which repairs and appurtenances caused by Tenant's use of replacements shall be in quality and class equal to the Premises except for original undamaged condition immediately prior to the damage caused by ordinary wear and tear Tenant or beyond the reasonable control of Tenant; provided however, that, if such parties. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and or replacements, and Tenant shall pay the same may be made by Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from but without any obligation on Landlord's control of part to do so) and such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasebilx xxerefor. Landlord shall also not be responsible for repairs liable by reason of any inconvenience, injury to, or interference with Tenant's business arising from the making or any repairs, alterations or improvement in or to the exterior wallsPremises or the Land and Building or to any appurtenances or equipment therein unless such inconvenience, foundation and roof of or injury or interference shall be occasioned by the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the gross negligence or willful misconduct of Tenant; providedthe Landlord, howeverits agents, that if such repairs are due to the negligence or willful misconduct servants and/or employees. There shall be no abatement of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations Rent because of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements additions or additions to the Premises or to the Project or to any equipment located in the Project improvements, except as Landlord shall reasonably deem necessary or as Landlord may be required specifically provided in Article l3 hereof Landlord covenants to do by governmental use reasonable effort to implement such repairs, alterations, additions or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTimprovements in a timely and expeditious manner.

Repairs. Tenant shall, at Tenant's own sole cost and expense, keep the PremisesPremises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, the maintenance, replacement and repair of any storefront (including plate glass), doors and locks, including all improvementsany exterior metal doors and frames, fixtures windows, casements, glazing, plumbing, pipes, fire sprinkler or fire suppression system, including off-site monitor and furnishings thereinannual certification as required by City or County codes and/or local ordinance, electrical wiring and conduits, light fixtures, including light bulb replacement, heating and air conditioning system, except that Landlord shall be responsible for the non-structural floor or floors preventative maintenance of the Building in which roof top unit air conditioner(s) and shall be responsible to replace the Premises are located, in good order, repair and condition at all times during the Lease Termroof top unit air conditioner should it become irreparable. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all Any damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances adjacent premises caused by TenantXxxxxx's use of the Premises except for damage caused shall be forthwith repaired by ordinary wear Tenant at Tenant’s sole cost and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for sameexpense. Notwithstanding the foregoingprovisions of this Section, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building repair and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, maintain the structural portions of the floors of the Center Building, including the systems exterior walls and equipment of the Buildingroof, as well as those areas excepted to Landlord pursuant to Section 2.1, unless such maintenance and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to caused in part or in whole by the negligence act, neglect, fault or willful misconduct omission of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of any duty by Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant, upon demand, shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall nevertheless not be liable for any failure to make such repairs at or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Section 29, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx's expense. Subject to business arising from the limitations making of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such any repairs, alterations, alterations or improvements in or additions to any portion of the Center Building or the Premises or to the Project in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any equipment located law, statute or ordinance now or hereafter in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTeffect.

Repairs. Landlord shall, at its sole expense(unless need for repair is caused by Tenant), maintain and promptly repair the public and structural portions of the Building, both exterior and interior, and all Building wide mechanical systems, elevators and the roof of the Building. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's own sole cost and expense, keep make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, including all improvements, fixtures and furnishings therein, and damage or injury to the non-structural floor Premises or floors to any other part of the Building in which Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, resulting from the Premises are locatednegligence or wrongful acts of, in good orderor Alterations made by, repair and condition at all times during the Lease Term. In additionor any work, labor, service or equipment done for or supplied to, Tenant shallor any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant's own its sole cost and expense, but under the supervision and subject to the prior approval commercially reasonable satisfaction of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately . Tenant also shall repair all damage to the Building and the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by the moving of Tenant's use fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and class substantially equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after twenty (20) days notice from Landlord to proceed with due diligence to make repairs required to be made by Tenant hereunder, and if Landlord thereafter elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises except for damage caused which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof or elsewhere in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by ordinary wear and tear reason of inconvenience, annoyance or beyond the reasonable control of Tenant; provided however, that, if Tenant fails injury to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect Tenant or others making, or failing to the portions of the Building and Project located outside of the perimeter of the Premisesmake, and Tenant shall be responsible for compliance with such Act during the term of the Lease any repairs, alterations, additions or improvements in or to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof portion of the Building, or the structural portions of Premises, or in or to fixtures, appurtenances, or equipment thereof. If the floors of the BuildingPremises be or become infested with vermin, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject , shall cause the same to be exterminated from time to time to the limitations satisfaction of Article 27, Landlord may, but and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be required toused for any purposes other than those for which they were designed or constructed, enter and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises at all reasonable times to make such repairsare temporarily darkened, alterationsif required by law, improvements or additions to the Premises or to the Project or Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any equipment located in compensation therefor nor abatement of Rent nor shall the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTsame release Tenant from its obligations hereunder nor constitute an eviction.

Repairs. Tenant shall, at Tenant's its own expense, keep from and after the Commencement Date, repair, replace and maintain in good and tenantable condition the Premises and every part thereof (except that portion of the Premises to be maintained or replaced by Landlord as herein provided and items under warranty) and including without limitation, the utility meters, pipes and conduits contained in the Premises, including all improvements, systems and all fixtures exclusively serving the Premises and furnishings other equipment therein, including any equipment or other items installed by Tenant which are part of said systems, the storefronts, all signs, locks and closing devices, and all window sash, casement or frames, door and door frames, floor coverings, and all such items of repair, maintenance, alteration and improvement as may at any time or from time to time be required by any governmental agency having jurisdiction thereof and that are the non-structural floor or floors responsibility of Tenant under this Lease. Maintenance of all glass, both exterior and interior, is the Building in which sole responsibility of Tenant, and any glass broken shall be promptly replaced by Tenant. Tenant shall maintain the Premises are locatedwater, in good order, repair sewer and condition at all times during other utility connections from the Lease Termpoint of entry into the Premises. In addition, no event shall Tenant shall, at Tenant's own expense, but under the supervision and subject be responsible to the prior approval of Landlord, and within repair any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises caused by Landlord, its agents, contractors, employees or invitees. All such damage shall be promptly repaired by Landlord at its sole cost and replace expense. Tenant shall also repair any damage to any area of the Premises or repair all damaged, broken, or worn fixtures and appurtenances the Building caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control installation of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs 's Improvements and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions maintenance, repair and replacement of any structural elements of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease which are added to the extent Building as part of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the BuildingTenant's Improvements or later alterations, and the landscaping, walkways, driveways repair and parking areas replacement of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but those elements shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as responsibility of Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTunder this Lease.

Repairs. 7.01. Tenant shall, shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant's own expenseinternal air-distribution system to the point at which the same connects to the Floor Unit (if the demised premises comprise all the space on a floor) or to the main distribution duct for the demised premises (if the demised premises comprise a portion of a floor), keep (ii) repair and maintenance of the Premisesinternal electrical system to the panel box serving the demised premises, including and (iii) repair and maintenance of all improvements, plumbing fixtures and furnishings thereinlines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed in a Building Standard manner by Landlord or by a contractor selected and approved by Landlord, whose costs shall be consistent with the cost for the performance or such work in first-class buildings in Midtown Manhattan, and the non-structural floor cost shall be payable by Tenant as additional rent within ten (10) days after rendition by Landlord of any xxxx(s) pertaining thereto. Except as otherwise provided in Section 9.05 hereof, all damage or floors injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building in which the Premises are locatedor by installation or removal of furniture, in good orderfixtures or other property, repair shall be repaired, restored or replaced promptly by Tenant at its sole cost and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace original work or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, same may be made by Landlord at the expense of Tenant and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within 15 days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasexxxx therefor. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any window xxxxx outside the floors windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. 7.1 Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, fixtures and furnishings therein, demised premises and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused therein as are necessitated by Tenant's the reckless or negligent acts or omissions of Tenant or by the use of the Premises except demised premises in a manner contrary to the purposes for damage caused by ordinary which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or beyond other casualty. All damage or injury to the reasonable control demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant; provided however, thatshall be repaired, if restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, and within ten (10) days after Landlord gives Tenant shall pay Landlord written notice of the cost necessity thereof, including a percentage the same may be made by Landlord at the expense of the cost thereof (to be uniformly, nondiscriminatorily, Tenant and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within thirty (30) days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasexxxx therefor. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any windowsills outside the floors windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. 7.1 Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, fixtures and furnishings therein, demised premises and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused therein as are necessitated by Tenant's the reckless or negligent acts or omissions of Tenant or by the use of the Premises except demised premises in a manner contrary to the purposes for damage caused by ordinary which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or beyond other casualty. All damage or injury to the reasonable control demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant; provided however, thatshall be repaired, if restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such 24 repairs, Landlord may, but need not, make such repairs and restoration or replacements, and within ten (10) days after Landlord gives Tenant shall pay Landlord written notice of the cost necessity thereof, including a percentage the same may be made by Landlord at the expense of the cost thereof (to be uniformly, nondiscriminatorily, Tenant and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within thirty (30) days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasebill xxxrefor. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any windowsills outside the floors windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shallshall at all times keep the leased premises, at all of Tenant's own expense, keep the Premisesleasehold improvements, including maintenance of walls and entrances, all improvementsglass and window moldings and all partitions, fixtures floors, fixtures, equipment and furnishings thereinappurtenances thereof (including lighting, light bulbs and ballasts), heating and plumbing fixtures, heating and air conditioning systems which are located in or about the non-structural floor or floors of the Building in which the Premises are located, leased premises in good order, repair condition, replacement and condition at repair. Structural portions of the building shall be the responsibility of Landlord. For purposes of this Article, structural portions of the building shall include the outer walls, roof, foundation and supporting members (bearing walls) of the building structure of which the leased premises constitute a part. Landlord represents and warrants that, as of the date of mutual execution of this Lease, to the best of Landlord's knowledge the structural portions of the building are sound and that existing plumbing, heating, electrical and mechanical systems in the building are in working condition. Landlord shall use commercially reasonable efforts to minimize disturbance to Tenant's business operations in performing any structural repairs to the building, and all times during such repairs shall be made by Landlord in a good, workmanlike manner. Tenant shall secure maintenance contracts or other similar contracts for all heating, venting and air conditioning systems constituting a part of the Lease Termleased premises in order to assure Tenant's performance of such obligations pursuant to this Lease. In additionthe alternative, Tenant shallmay utilize qualified in-house personnel to effectuate any necessary repairs and/or maintenance of the aforesaid. If Tenant refuses or neglects to reasonably maintain, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairsleased premises as required hereunder as soon as reasonably possible after written demand, Landlord maymay , but need notafter prior written notice to Tenant (except in the case of an emergency), make such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant's merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant's business. The cost to Tenant shall be Landlord's cost plus 10% for overhead and replacementssaid cost shall be payable as additional rent, upon presentation of a bill from Landlord. Landlord represents and warrants that, to xxx best of its knowledge, the existing mechanical, sprinkler, electrical, plumbing and fire safety systems of the building are in proper working order as of the date of mutual execution of this Lease by Landlord and Tenant shall pay Landlord and that the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance leased premises complies with the American with Disabilities Act and all applicable Environmental Laws. Tenant has inspected the leased premises and is thoroughly acquainted with respect its condition and agrees (subject to Landlord's representation and warranty set forth in the portions of prior sentence) to take Tenant leasehold the Building and Project located outside of the perimeter of the Premises, same in an "AS-IS" condition and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless and complete any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs improvements at Tenant's cost and expense. Subject Any contractors used by Tenant must be reasonably approved in advance by Landlord in writing. Landlord hereby approves McGough Construction as general contractor for Tenant's improvements; xxxxxded, that Landlord hereby reserves the right to approve the planned improvements to the limitations of leased premises proposed by Tenant. Except as expressly set forth in this Article 276, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements has made no representation or additions promises with respect to the Premises physical condition of the leased premises or any other matter relating thereto and Tenant acknowledges that it has not relied upon statements of Landlord as to the Project or to any equipment located in condition of the Project leased premises except as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTset forth above.

Repairs. Tenant shallSection 10.1 Throughout the term of this Lease, Tenant, at Tenant's own its sole cost and expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in shall take good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter care of the Premises, including, without limiting the generality of the foregoing, all equipment, fixtures and articles of personal property therein or thereon and all sidewalks, grounds, parking areas, vaults, chutes, sidewalk hoists, railings, gutters, alleys, landscaping and curbs on the Premises and will put, keep and maintain the same in good and safe order and condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, and unforeseen and foreseen, necessary to keep the same in good and safe order and condition, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by obsolescence or defects, latent or otherwise, but reasonable wear and tear excepted. Tenant shall be responsible for compliance with such Act during the term of the Lease not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage, or injury to the extent of Premises. Tenant shall at its applications to own cost and expense, keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the area located within the perimeter of sidewalks, parking areas, grounds, vaults, chutes, sidewalk hoists, railings, gutters, alleys and curbs on the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to furnish any services, utilities or facilities whatsoever to the Premises. It is expressly understood that the Tenant’s will make pay for utility services throughout the Premises. Landlord shall have no duty or obligation to make any alteration, change, improvement, replacement or repair to, enter or to demolish, any portion of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including without limitation the maintenance and repair of all glass panels and partitions, interior lavatories, showers, toilets, basins, kitchen facilities, kitchen appliances and HVAC systems including each of their respective mechanical, plumbing and electrical connections (whether such systems or facilities are fully contained in the Premises, or exist outside the Premises, but were fully installed or are maintained to exclusively serve the Premises), including all non-structural improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in on which the Premises are located, in good order, repair and condition at all times condition, including any removal of Hazardous Material, if any, associated with such repairs, however, ordinary wear and tear during the Lease TermTerm shall be excepted. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided provided, however, thatthat at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements replacements, forthwith upon being billed for same. Landlord shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Tenant shall, at Tenant's own expense, keep or cause to be kept the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenantappurtenances; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the non-structural floor or floors of the Building in which the Premises are locatedcoverings, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment (including all the primary plumbing, electrical, and HVAC systems located in the internal core of the Building, and the landscaping, walkways, driveways and parking areas ) of the ProjectBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWDuring the Lease Term, STATUTELandlord shall repair or replace, OR ORDINANCE NOW OR HEREAFTER IN EFFECTas determined necessary by Landlord pursuant to sound real estate management principals, any fan coils serving the Premises (collectively, the "Fan Coils") that fail and are then no longer operative. Landlord acknowledges that such repair or replacement shall be at Landlord's sole cost and expense, and that any expenses incurred by Landlord during such repair or replacement shall not be passed through to the Tenant as Operating Expenses. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. To the fullest extent permitted by law, Tenant hereby waives and releases any and all rights it may have at law or in equity to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided by any law, statute or ordinance now or hereafter in effect.

Repairs. The Tenant shall, at Tenant's own expense, keep shall take good care of the Demised Premises and shall make all necessary non-structural repairs to the interior thereof except for repairs of damage resulting from causes outside of the Demised Premises, including e.g. leaks or overflows in neighboring space. Landlord shall maintain, repair or replace all improvementsHVAC, plumbing and electrical fixtures and furnishings thereincircuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain and repair the common areas of the building including hallways, entry, vestibule, bathrooms, and the non-structural floor or floors exterior of the Building in which building including the parking lot and landscaping at the Landlord's expense. Upon the expiration or at the termination of this lease, the Tenant shall surrender the Demised Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to Landlord in as good condition as at the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use commencement of the Premises except for damage caused by term, ordinary wear and tear excepted. Tenant is prohibited from making any structural improvements, alterations or beyond additions to the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsDemised Premises without first obtaining the written approval therefore from the Landlord, and Tenant shall pay Landlord all such improvements, alterations or additions made by the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term property of the Lease Landlord, at no expense to the extent Landlord, and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that any mechanics' lien is filed against the Demised Premises as a result of any repairs, improvements, alterations or additions made by the Tenant, the Landlord, at its applications option, after ten (10) days written notice to the area located within Tenant, may terminate this lease and/or may pay the perimeter said lien, without inquiring into the validity thereof, and the Tenant shall forthwith reimburse the total expense incurred by the Landlord in discharging the said lien as additional rent hereunder on the first day of the Premises, unless any noncompliance with next month following such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasepayment by Xxxxxxxx. Landlord shall also be responsible have the right to install and maintain in the Demised Premises all utility lines and electric wiring and all other appliances necessary for repairs the operation of the balance of the building of which the Demised Premises form a part, and shall have access to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Demised Premises at all reasonable times after prior reasonable notice to make Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to the Tenant by the Landlord by reason of inconvenience, annoyance, loss or damage arising from the necessity of making such repairs, alterationshowever the necessity may occur, improvements or additions to the Premises or to the Project or to nor shall there be any equipment located abatement in the Project as rent during such period of time. Landlord shall reasonably deem necessary take reasonable steps to perform its rights and obligations hereunder without unnecessary or as Landlord may be required unreasonable interference to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTXxxxxx's business.

Repairs. Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the non-structural floor or floors of the Building in on which the Premises are is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, reasonable fees and other reasonable costs or expenses arising from Landlord's control of ’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's ’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of (a) Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act ’s obligation with respect to the portions repair as part of the Building and Project located outside of the perimeter of the Premises, and Tenant Basic Services shall be responsible for compliance with such Act during the term of the Lease limited to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, (i) the structural portions of the floors Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems)], (v) Common Areas, and (vi) exterior and structural portions and the mechanical and utility systems and equipment of the Building, Building and Centre (which do not solely serve one tenant’s space). Landlord shall maintain the landscaping, walkways, driveways same in good condition and parking areas repair. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the ProjectProperty unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the foregoing to the extent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the extent that such repairs are required due covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the negligence or willful misconduct provisions of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Paragraph 9. Landlord shall nevertheless make have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repairs at repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's expense. Subject to ’s business arising from the limitations making of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such any repairs, alterations, alterations or improvements or additions to the Premises or to the Project in or to any equipment located portion of the Premises, the Building or the Centre. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTeffect.

Repairs. Tenant shallLandlord shall make, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors as an Operating Expense of the Building in which Building, all repairs necessary to maintain the Premises are locatedplumbing, in good orderheating, repair ventilating, air conditioning, electric systems, external windows and condition at all times during floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval expiration of Landlord, and within any a reasonable period of time specified by Landlord, promptly and adequately after receipt of written notice from Tenant that such repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leaseneeded. Landlord shall also be responsible make, at its own expense (except for repairs which are expensed in accordance with GAAP, the cost of which shall be an Operating Expense), all repairs necessary to maintain the exterior walls, foundation and roof structure of the Building, the structural portions roof, all exterior walls and the building floor slabs. Landlord will repair any damage caused by any act, omission or negligence of the floors of the BuildingTenant or its employees, the systems and equipment of the Buildingagents, invitees, licensees, subtenants, or contractors, and Tenant will reimburse Landlord for the landscapingcost of such repair within thirty (30) days after receipt of an invoice. If Tenant requires maintenance, walkwaysservicing, driveways and parking areas repair or replacement of any special plumbing, heating or air conditioning systems installed specifically for Tenant's benefit in the ProjectLeased Premises, except to whether or not such systems are tied into the extent that standard Building systems, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs are required due to is caused, in whole or in part, by the negligence or willful misconduct of Tenant; providedLandlord, howeverits agents or employees. Tenant shall maintain the Leased Premises and the fixtures and appurtenances therein in good repair at all times, that if such repairs are due reasonable wear and tear excepted. Except to the negligence or willful misconduct of Tenant, extent released by Landlord shall nevertheless make such repairs at Tenant's expense. Subject pursuant to the limitations waiver of Article 27subrogation provision in Section 22 hereof, Tenant shall reimburse Landlord mayfor all costs and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, but agents, invitees, licensees, subtenants, or contractors, or as the result of all or any of them moving in or out of the Building or by its or their installation or removal of furniture, fixtures or other property. Such costs and expenses shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord shall not be required toliable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, enter alterations, additions or improvements in or to the Leased Premises at all reasonable times or the Building or to make any appurtenances or equipment therein unless Landlord or its agents, employees or contractors are negligent in performing such repairs, etc. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or additions because of any delay by Landlord in making the same except that Landlord shall reimburse Tenant for any actual damages (but not consequential damages) in the event Landlord is negligent in performing such repairs, etc.. Tenant shall give to the Premises Landlord prompt written notice of any accidents to, or to the Project or to any equipment defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the Project as Leased Premises. Landlord shall reasonably deem necessary give Tenant written notice of any repairs, alterations, additions or as improvements which Landlord may be required intends to do by governmental undertake either in the Leased Premises or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTthe Building.

Repairs. Tenant Except as otherwise provided in Article VII, except as resulting from Tenant’s negligence or misuse (or the negligence or misuse of Tenant’s employees, agents, contractors, licensees or invitees), except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain, at its expense, the structural integrity of the Building, including but not limited to the roof, exterior walls, and windows and skylights. Landlord shall, at Tenant's own expense’s expense apportioned pursuant to Section 4.2, also be responsible for (i) all exterior maintenance, repairs and replacements necessary to keep in good condition and working order all Common Areas of the Premises, including all improvements, fixtures and furnishings thereinPark, and the non-structural floor trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the Lot or floors elsewhere in the Park, including but not limited to, all lighting and other fixtures and equipment serving such parking areas, driveways and walkways, and (ii) providing the services and performing the maintenance work set forth in Section 4.2 and Article VII hereof, and (iii) performing necessary repairs to maintain the watertight integrity of the Building in which roof, windows and skylights (exclusive of costs associated with replacing all or a portion of the Premises are located, in good orderroofing). Landlord shall also maintain, repair and replace, in a timely manner, the HVAC equipment in the Building, such that it shall be in good operation condition at all times during throughout the Lease Term. In additionTerm and any contemplated extension herein provided, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided howeverexcepted, that, if Tenant fails to make such repairsand in connection therewith, Landlord mayshall warrant the useful life of any such equipment throughout the Term and shall perform all necessary repairs and replacements to maintain the watertight integrity of the Building, including but need notnot limited to the roof, exterior wall, windows and skylights. Landlord shall, in all instances regardless of the party responsible for payment, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed necessary to maintain the foregoing in good condition and working order and in compliance with all laws and all costs and expenses therefor shall be chargeable to Tenant subject to, and pursuant to, the provisions of Section 4.2 (including electricity for same. Notwithstanding the foregoingHVAC units), except that Landlord shall be responsible for compliance with the American Disabilities Act with respect to replacement of the portions roof, structure, and foundation of the Building , all at Landlord’s sole cost and Project located outside of expense (except if the perimeter of same is necessitated due to Tenant’s negligence or misuse as aforesaid, or in Section 6.1.15 to the Premisescontrary). All other repairs and maintenance, and Tenant except as specifically otherwise provided for herein, shall be responsible for compliance with such Act during the term responsibility of Tenant on a proportional basis based on the Lease Tenant’s Share in the Building. In the event that Tenant gives notice to the extent Landlord of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the design and construction terms of the "Basethis Section 5.1.3, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs respond promptly to the exterior wallsinvestigate such condition, foundation and roof of the Buildingand, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of TenantLandlord’s obligation hereunder, Landlord shall nevertheless make such repairs commence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition known to Tenant which might require, or if left uncorrected will necessitate Landlord’s repair pursuant to this Section 5.1.3. Tenant shall have the right to require, at Tenant's expense. Subject reasonable times and with reasonable notice, a representative of Landlord to the limitations of Article 27, Landlord may, but shall not be required to, enter inspect the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord for repairs which may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.the responsibility of Landlord;

Repairs. Tenant shallfrom and after the delivery date, and until the end of the Lease Term, agrees that it will be responsible, at Tenant's own its sole cost and expense, keep for all repairs, maintenance, and replacements to the Leased Premises, including but not limited to the interior and exterior portions of all improvementsdoors, fixtures and furnishings thereinwindows, plate glass; the mechanical, plumbing, heating, air conditioning, ventilating, and electrical equipment and systems; partitions and all other fixtures, appliances, the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation components and roof and exterior walls of the Building, all grounds, parking lots, facilities, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the structural portions same, and Xxxxxx agrees to put, keep and maintain all of the floors of the Buildingforegoing in safe, the systems and equipment of the Buildingsound, and the landscaping, walkways, driveways lawful order and parking areas of the Project, except to the extent that such repairs are required due to the negligence condition and facilities furnished or willful misconduct of installed by Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter All work in the Premises at shall be performed by Tenant in a good and workmanlike manner in compliance with all applicable governmental laws, codes, rules, and regulations, free of any liens for labor and materials, and subject to such reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or requirements as Landlord may impose. Landlord shall have the right to post the Premises with a notice of a non-liability in connection with any such work performed by or on behalf of Tenant. Tennant shall maintain the HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of which shall be required the responsibility of Tenant. If Tenant fails to do by governmental or quasi-governmental authority or court order or decreemaintain any of these items then Landlord shall have the right to enter into a maintenance contract for the HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of which shall be the responsibility of Tenant and will be added to the NNN amount owed each month. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.​

Repairs. 7.(a) (i) Tenant shall, at Tenant's own its sole cost and expense, keep take good care of the Premises and the fixtures and appurtenances therein (including, without limitation, bathroom and plumbing fixtures and appurtenances) and make all repairs thereto as and when needed to preserve them in good working order and condition and maintain the Premises in a condition consistent with offices in comparable office buildings. Landlord, at its sole cost and expense, shall promptly replace all broken glass of the exterior windows in the Premises. Tenant shall be responsible for all repairs, including all improvements, fixtures maintenance and furnishings therein, replacement of wall and the non-structural floor or floors of the Building coverings in which the Premises are located, in good order, and for the repair and condition at maintenance of all times during sanitary and electrical fixtures (excluding the Lease TermClass E System) and equipment therein. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject Subject to the prior approval provisions of LandlordSections 9(h)(i) and 9(h)(iii) hereof, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage or injury to the Premises and replace to its fixtures, appurtenances and equipment or repair all damagedto the Building or to its fixtures, brokenappurtenances and equipment caused by or which arises out of (i) Tenant moving property in or out of the Building, or worn (ii) the installation or removal of furniture, fixtures and appurtenances caused or other property by Tenant, or (iii) the performance by Tenant or existence of any Alterations or repairs in the Premises or (iv) the installation, use or operation of Tenant's use property in the Premises or (v) negligence, wilful or improper conduct on the part of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored or replaced promptly at Tenant's sole cost and expense to the reasonable satisfaction of Landlord. However, if by reason of (1) strike, (2) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, or (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency (each, a "Force Majeure Event"), Tenant shall not be able to fulfill its obligations under this Lease, this Lease and Tenant's obligation to pay fixed annual rent and additional rent hereunder, shall not otherwise be affected, impaired or excused, but Tenant shall not be deemed in default in the performance of any obligations under this Lease, provided, that as soon as Tenant shall learn of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control happening of Tenant; provided howeverany Force Majeure Event, thatTenant shall promptly notify Landlord of same, and, if ascertainable, its estimated duration, and Tenant will proceed promptly and diligently with the fulfillment of its obligations as soon as reasonably possible. Any repairs required to be made by Tenant to the mechanical, electrical, plumbing, sanitary, heating, ventilating, Building's air-conditioning, fire safety or other systems of the Building shall be performed only by contractor(s) who are reasonably acceptable and approved by Landlord. All repairs, restorations and replacements made by Tenant shall be in quality and class equal to the original work or installations currently in the Building. If Tenant fails to make such repairs, restoration or replacements within thirty (30) days after notice and demand, subject to any necessary extension as a result of a Force Majeure Event, same may be made by Landlord may, but need not, make at the expense of Tenant and such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within ten (10) days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTbill xxxrefor.

Repairs. Tenant shallLandlord shall at its sole cost, at upon reasonable written notice from Tenant's own expense, keep make the Premises, including all improvements, fixtures necessary structural repairs and furnishings thereinreplacements to the exterior walls, and the non-structural floor or floors of the Building in which the Premises are located, any load bearing interior walls and shall keep in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlordcondition, and within any reasonable period repair the exterior foundations, and roof and roof membrane of time specified by Landlord, promptly and adequately repair all damage to the building containing the Premises and replace or repair (such obligation not to include all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementswindows, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established all operating parts such as overhead ducts or fans or skylights). Except for the Building and/or the Project) sufficient to reimburse Landlord above and for all overheadwhat may otherwise be specifically provided for in this Lease, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term all maintenance, repairs and replacements of the Lease and to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within including but not limited to the following responsibilities: Tenant shall take good care of and maintain on a regular basis the Premises is and the fixtures, appurtenances and systems in or affecting the Premises (including but not limited to plumbing, sewers, roof, gutters, downspout, doors, painting, windows, electrical, heating, sprinkler and air conditioning, if any) and shall make all repairs thereto or replace as and when needed to preserve them in good working order and condition, and shall maintain the Premises in a condition clean, neat condition. Tenant shall not permit or suffer the Premises to fall to such low temperature as would cause freezing of the water lines or sprinkler servicing the Premises; and, in default hereof, Tenant shall promptly effect and pay for all repairs the need for which existed due shall arise from such freezing, and shall hold Landlord harmless from any loss, damage or liability caused by or arising out of such freezing. Notwithstanding anything above to the design and construction of the "Basecontrary, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence all damage or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions injury to the Premises or to the Project any other part of said building, or to any its fixtures, equipment located and appurtenances, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitee or licensees, shall be repaired promptly by Tenant at its sole cost and expense, to the reasonable satisfaction of Landlord and in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.accordance with Section 8.01

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the non-structural floor or floors of the Building in on which the Premises are is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project, but in no event in excess of the percentage set forth in Section 8.3 below) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute, OR ORDINANCE NOW OR HEREAFTER IN EFFECTor ordinance now or hereafter in effect.

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including without limitation the maintenance and repair of all glass panels and partitions, interior lavatories, showers, toilets, basins, kitchen facilities, kitchen appliances and supplemental HVAC systems including such supplemental HVAC systems' respective mechanical, plumbing and electrical connections (whether such systems or facilities are fully contained in the Premises, or exist outside the Premises, but were fully installed or are maintained to exclusively serve the Premises), including all non-structural improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are locatedPremises, in good order, repair and condition at all times condition, however, ordinary wear and tear during the Lease TermTerm shall be excepted. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided provided, however, thatthat at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a commercially reasonable percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of involvement with such repairs and replacements replacements, forthwith upon being billed for same. Landlord shall not be liable for damage that may be sustained by the goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, elevators, base building restrooms and all Common Areas (collectively, the "Building Structure") and the mechanical, electrical, life safety, plumbing, sprinkler, sewer and HVAC systems of the BuildingBuilding (collectively, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project"Building Systems"), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant or work performed by or on behalf of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant or work performed by or on behalf of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject The Building Structure and the Building Systems shall be referred to collectively as the limitations of Article 27, "Base Building." Landlord may, but shall not be required to, enter the Premises at all reasonable times upon at least one (1) business day's prior notice (except in the case of an emergency) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, provided, however, Landlord shall conduct such activities in a manner that minimizes disruption to Xxxxxx's business at the Premises. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWTenant hereby waives any and all rights under and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, STATUTEstatute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary in the Lease, OR ORDINANCE NOW OR HEREAFTER IN EFFECTto the extent the supplemental HVAC systems in the Premises require repair or replacement, Tenant shall have the right in its sole discretion to repair or replace such systems or elect not to repair or replace the same; provided, however, Landlord shall have no obligation to repair or replace such supplemental HVAC systems.

Repairs. 7.1 Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, fixtures and furnishings therein, demised premises and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused therein as are necessitated by Tenant's the reckless or negligent acts or omissions of Tenant or by the use of the Premises except demised premises in a manner contrary to the purposes for damage caused by ordinary which same are leased to Tenant as set forth in Section 5.1, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or beyond other casualty. All damage or injury to the reasonable control demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of Building or by installation or removal of furniture, fixtures or other property by or on behalf 26 of Tenant; provided however, thatshall be repaired, if restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, and within ten (10) days after Landlord gives Tenant shall pay Landlord written notice of the cost necessity thereof, including a percentage the same may be made by Landlord at the expense of the cost thereof (to be uniformly, nondiscriminatorily, Tenant and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within thirty (30) days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Leasebill xxxrefor. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any windowsills outside the floors windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. Landlord shall maintain and repair the public portions of the Building, both exterior and interior to keep the same in first class condition. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's own ’s sole cost and expense, keep make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted and except that Tenant shall not be required to make any repairs to any building systems or areas outside the Premises unless the same are required due to damage thereto caused by the Tenant. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, including all improvements, fixtures and furnishings therein, and damage or injury to the non-structural floor Premises or floors to any other part of the Building in which Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the Premises are locatedcarelessness, in good orderomission, repair and condition at all times during the Lease Term. In additionneglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant shallor any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant's own its sole cost and expense, but under the supervision and subject to the prior approval satisfaction of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately . Tenant also shall repair all damage to the Building and the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by the moving of Tenant's use ’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days written notice to proceed with due diligence to make repairs required to be made by Tenant hereunder or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises except for damage caused which Landlord may be responsible hereunder. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by ordinary wear and tear reason of inconvenience, annoyance or beyond the reasonable control of Tenant; provided however, that, if Tenant fails injury to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect Tenant or others making, or failing to the portions of the Building and Project located outside of the perimeter of the Premisesmake, and Tenant shall be responsible for compliance with such Act during the term of the Lease any repairs, alterations, additions or improvements in or to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof portion of the Building, or the structural portions Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the floors Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord’s own acts, or any of the Buildingsuch windows are permanently closed, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except darkened or bricked-up if required by law or related to any construction upon property adjacent to the extent that such repairs are required due to the negligence Real Property by Landlord or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenantothers, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but not be liable for any damage Tenant may sustain thereby and Tenant shall not be required to, enter entitled to any compensation therefore nor abatement of Rent nor shall the Premises at all reasonable times to make same release Tenant from its obligations hereunder nor constitute an eviction provided such repairs, alterations, improvements or additions obstruction to the Premises windows is not due to Landlord voluntarily allowing such obstruction for reasons other than the safety of the Building or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTcomply with Law.

Repairs. Tenant shallLandlord, at Tenant's own Landlord’s sole cost and expense, keep shall maintain in good order and repair throughout the Lease Term the exterior grounds, the landscaping, Landlord Tenant Initials Initials the exterior walls and roof of the Premises, including all improvementsthe common areas of the Project, fixtures the thermostat and furnishings thereinHVAC system, the HVAC filters, and the non-structural floor parking areas, unless any such repairs are necessitated by the negligence or floors misconduct of the Building Tenant, its agents, employees, contractors, consultants, licensees or invitees, in which event Tenant shall be responsible for the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval costs of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, . Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established responsible for the Building and/or all common area pest control throughout the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible have no obligation to make such repairs nor shall Landlord have any liability for compliance with the American Disabilities Act with respect damages to the portions property of, or personal injury to the Tenant, its invitees, employees, contractors, consultants, agents or licensees or to any third party, resulting from the condition of any item described in this Section as being the responsibility of Landlord to repair, until Landlord has actual written notice of the Building need for such repair. Tenant shall use Landlord’s online system for work order requests or other system as Landlord may from time to time utilize. Tenant, at Tenant’s sole cost and Project expense, shall maintain in good, clean and sanitary condition, order and repair throughout the Lease Term the Premises, including, but not limited to, all doors, interior walls, ceilings, floors, entrance ways, windows, glass surfaces, electrical fixtures and conduits, interior lighting fixtures and bulbs, carpeting, blinds, and draperies and all plumbing, fixtures, systems and facilities located outside of the perimeter of within the Premises, and shall supply all paper and soap for any restroom located within the Premises. Tenant shall be responsible for compliance all interior pest control throughout the Premises. Tenant may, at Tenant’s option and expense, periodically engage Landlord to replace lamps, fluorescent tubes and lamp ballasts on a group basis. Tenant shall pay to Landlord as additional rent the sum of (i) the cost of such replaced items at cost plus applicable sales tax, and (ii) a labor charge of $30.00 per hour (full or partial) with such Act during a one hour minimum (the term hourly rate will be subject to change from time-to-time as Landlord deems necessary). Tenant also agrees that it shall not exceed its pro-rata share of amperage allotted to the building in which the Premises are located and the entire Property. Tenant at all times shall maintain the interior of the Lease Premises as a clean, sanitary and orderly condition and free from accumulations of trash or rubbish. If Tenant neglects or refuses promptly to make any repairs or perform any maintenance required by this Section, Landlord may perform the extent same on Tenant’s behalf, and Tenant shall reimburse Landlord for all costs and expenses incurred, together with interest thereon at the highest rate permitted by law until paid, upon demand. Reasonable wear and tear and casualty damage (other than casualty damage caused in whole or in part by Tenant, its agents, employees, contractors, consultants, licensees or invitees) are excepted from the provisions of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this LeaseSection. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.Tenant Initials Initials

Repairs. Tenant shallshall put, keep, repair, replace and maintain the Leased Premises at all times in a good, neat, clean and sanitary condition and state of repair, reasonable wear and tear and damage caused by casualty excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant's own expense, its officers, employees and agents. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, within a reasonable period of time, and shall pay Landlord as Additional Rent the cost of such repairs made for Tenant by Landlord, together with 15% of such costs. Subject to Tenants obligation to pay Operating Expenses pursuant to Section 5, Landlord shall make all necessary repairs to the outer walls, roof, and structural elements of the Building. Landlord shall keep the Premisesplumbing, including all improvementssewage, fixtures heating, air conditioning, electrical and furnishings therein, and the non-structural floor or floors ventilating systems of the Building in which the Premises are locatedgood repair, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond and casualty damage covered by insurance excepted. Landlord shall maintain and keep the reasonable control of Tenant; provided howevercommon areas, thatgrounds, if Tenant fails to make such repairswalkways, Landlord may, but need not, make such repairs and replacementsdriveways, and Tenant shall pay Landlord the cost thereof, including parking areas in a percentage of the cost thereof (to be uniformly, nondiscriminatorily, neat and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for sameclean condition. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent any cost of its applications repairs or improvements to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs Leased Premises or to any common areas are required due occasioned by or contributed to by the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct default of Tenant, Landlord shall nevertheless make such repairs at its officers, employees, agents, or by requirements of law, ordinance or other governmental directive and which arise out of the nature of Tenant's expense. Subject to use and occupancy of the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Leased Premises or to the Project or to any equipment located installations of Tenant in the Project Leased Premises shall be paid for by Tenant, as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWAdditional Rent hereunder, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTimmediately upon billing.

Repairs. Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the Building structure or in any part or appurtenance of the Building's plumbing, electrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, condition and repair and condition at all times during the Lease Term. In additionterm, Tenant shallexcept that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant's own expense, but under the supervision and subject to the prior approval of Landlordits contractors, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenagents, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and employees in which case Tenant shall pay Landlord the for any deductible and any cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse which either exceeds insurance proceeds Landlord for all overhead, general conditions, fees and other costs receives or expenses arising from which is not covered under Landlord's control insurance policy in respect of such repairs damage) shall keep in repair and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to maintain the exterior walls, foundation and roof of the Building, the structural portions of electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the floors of Premises, plumbing fixtures located in the BuildingBuilding (except those installed by Tenant with Landlord's approval), the systems outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and equipment of the Building, doors and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of roof. Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations , shall comply with all laws and ordinances, and all rules and regulations of Article 27all governmental authorities and of all insurance bodies at any time in force, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Project Premises, unless such alteration is required by reason of a condition which has been created by, or to at the instance of, Tenant, or is required by reason of a breach of any equipment located in the Project as of Tenant's covenants and agreements hereunder. Landlord shall reasonably deem necessary or as Landlord may not be required to do repair any injury or damage by governmental fire or quasi-governmental authority other cause, or court order to make any repairs or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWreplacements of any panels, STATUTEdecoration, OR ORDINANCE NOW OR HEREAFTER IN EFFECToffice fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Premises by Tenant unless such injury or damage is a direct result of negligence on the part of Landlord or its contractors, agents or employees, and Tenant is not reimbursed for such injury or damage from insurance proceeds.

Repairs. Tenant 12.1 Landlord shall, throughout this Lease Term and at Tenant's own its sole cost and expense, keep maintain and repair in good condition and make all replacements to, the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors exterior of the Building building, the roof system, foundation system, exterior walls and structural portions of the building in which the Premises are located, including without limitation gutters and down spouts, sprinkler system, all electrical, gas, sewage and water lines and conduit to the point of connection at the rear, interior of the Premises or permanently embedded in the walls, ceiling or foundation of the Premises or serving parts of the Shopping Center in addition to the Premises. Landlord shall make all replacements and repairs to the Premises covered under contractor's, manufacturer's, vendor's or insurer's warranties which are not assignable to Tenant under the provisions of Section 12.2. Landlord expressly warrants the good ordercondition and operation of, and shall maintain, repair and condition at make all times during replacements to, the Lease Term. In additionheating, Tenant shall, at Tenant's own expense, but under venting and air conditioning system ("HVAC") serving the supervision and subject to the prior approval of Landlord, and within any reasonable Premises for a period of time specified by Landlord, promptly and adequately repair all damage to twelve (12) months from the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expenseCommencement Date. Subject to the limitations waiver of Article 27subrogation provisions set forth in Section 15.5, repairs of any of the foregoing which are the result of Tenant's, or its agent's, contractor's or employee's, negligence or misconduct shall be made at Tenant's sole cost and expense. Landlord mayshall at Landlord's sole cost and expense (I) paint those portions of the exterior of the building in which the Premises are located which are painted and power wash or clean, as applicable, the remaining exterior when necessary, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements in no event less than once every five (5) years and (ii) remove any graffiti on or additions other defacement to the Premises or to exterior walls of the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTPremises.

Repairs. 7.01. Tenant shall, at Tenant's own its sole cost and expense, keep make such repairs to the Premises, including all improvements, Demised Premises and the fixtures and furnishings thereinappurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition except to the non-structural floor extent the need for repairs is directly caused by Landlord's gross negligence or floors willful misconduct. Except as otherwise provided in this Lease, all damage or injury to the Demised Premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building in which the Premises are locatedor by installation or removal of furniture, in good orderfixtures or other property, repair shall be repaired, restored or replaced promptly by Tenant at its sole cost and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class substantially equal to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace original work or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if installations. If Tenant fails to make any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible within the applicable notice and cure periods, if any, same may be made by Landlord at the expense of Tenant and such repairs, expense shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a bill therefor. Landlord may, but need notat its option, make before commencing any suxx xork or at any time thereafter, require Tenant to furnish to Landlord such repairs security, in form and replacements, and Tenant amount as Landlord reasonably shall pay Landlord deem necessary to assure the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established payment for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for samework by Tenant. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any window sills outside the floors windows and the windows are not part of the premisxx xxmised by this Lease and Landlord reserves all rights to such parts of the Building and, unless same is the responsibility of Tenant pursuant to any provision of this Lease, Landlord shall maintain same, as well as base-building HVAC, structural elements of the Building, the Building systems and equipment of the BuildingBuilding common areas, in good order and the landscapingcondition, walkways, driveways and parking areas of the Project, except in all such cases to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at same affect Tenant's expense. Subject to use or enjoyment of the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTDemised Premises.

Repairs. Tenant shall, at Tenant's ’s own expense, keep the PremisesPremises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located), including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's ’s own expense, expense but under the supervision and subject to the prior written approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located) and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenantappurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord (or Landlord’s property manager) may, but need not, make such repairs and replacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the ProjectBuilding) sufficient to reimburse Landlord (or Landlord’s property manager) for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of ’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

Repairs. 7.01 Tenant shall, at Tenant's own its sole cost and expense, be responsible for the maintenance and repair of the demised premises (including, with respect to any full floor comprising a portion of the demised premises, all bathrooms and other sanitary facilities located therein, provided that Landlord shall maintain and repair all base Building plumbing and sewage lines to the point of entry of the demised premises, the costs of which shall be reimbursable under Article 3), and keep the Premisessame in good order and condition, including all improvementsnecessary painting and decorating, and make such repairs to the demised premises and the fixtures and furnishings thereinappurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs and repairs to the exterior windows, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all interior glass, including interior windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any interior glass that may be damaged with glass of the non-structural floor same kind and quality. All damage or floors injury to the Property caused by Tenant moving property in or out of the Building in which the Premises are locatedor by installation or removal of furniture, in good orderfixtures or other property, repair shall be repaired, restored or replaced promptly by Tenant at its sole cost and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal to the prior approval of Landlordoriginal work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, and within provided that any reasonable period of time specified repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if . If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, same may be made by Landlord at the expense of Tenant and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord expense shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building collectible as additional rent and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term paid by Tenant within twenty (20) Business Days after rendition of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTxxxx therefor.

Repairs. Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in any part of or appurtenance to the Building's plumbing, electrical, heating, ventilating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11 of this Lease and Landlord's warranty of Landlord's Work, Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures everything therein (except the heating and furnishings therein, air-conditioning and the non-other Building Systems and any structural floor or floors portions of the Building in which the Premises are locatedBuilding), in good order, condition and repair and condition at all times during the Lease Termterm. In additionLandlord shall, Tenant shallas part of the Operating Costs set forth in Article 6 of this Lease, maintain the heating, ventilating and air-conditioning and other Building Systems throughout the Building (including the Premises) and the outside walls, outside windows, floors, foundations, and roof of the Building in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense plus a 19% administrative charge. Tenant, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlordshall comply with all laws or ordinances, and within all rules and regulations of all governmental authorities and of all insurance bodies at any reasonable period of time specified by Landlordin force, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or capital improvement to the Project Premises or with respect to the Premises, or which may require change(s) in or to any equipment the Buildings Systems not exclusively serving and located in the Project as Premises, compliance with which shall be Landlord's sole responsibility unless such alteration or improvement to the Premises or change to the Building System(s) is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord which approval shall reasonably deem necessary not be unreasonably withheld, conditioned or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTdelayed.

Repairs. Tenant Landlord shall, at upon reasonable notice from ------- Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for necessary structural repairs to the exterior walls, foundation and any load bearing interior walls and shall keep in good order, condition, and repair the exterior foundations, and roof of the Buildingbuilding containing the Demised Premises (such obligation not to include all windows, and all operating parts such as overhead ducts or fans or skylights). Except for the structural above and for what may otherwise be specifically provided for in this Lease, Tenant shall be responsible for maintenance and repairs of and to the Premises, including but not limited to the following responsibilities: Tenant shall take good care of the Premises and the fixtures, appurtenances and systems in or affecting the Premises including (but not limited to) plumbing, sewers, gutters, downspouts, doors, painting, windows, electrical, heating, sprinkler and air conditioning, if any, and shall make all repairs thereto or replace as and when needed to preserve them in good working order and condition, and shall maintain the Premises in a clean, neat condition, and Landlord, at its option., shall maintain the parking area and other outside portions of the floors Premises, including but not limited to landscaping, paving repairs, sidewalk repairs all necessary removal of snow, ice and debris, and maintenance of lawns, shrubbery and entranceways and Tenant shall pay its Pro Rata of same. Tenant shall not permit or suffer the Premises to fall to such low temperature as would cause freezing of the Buildingwater lines or sprinkler servicing the Premises; and, in default hereof, Tenant shall promptly effect and pay for all repairs the systems and equipment of the Buildingneed for which shall arise from such freezing, and the landscapingshall hold Landlord harmless from any loss, walkways, driveways and parking areas damage or liability caused by or arising out of the Project, except such freezing. Notwithstanding anything above to the extent that such repairs are required due to the negligence contrary, all damage or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions injury to the Premises or to the Project any other part of said building, or to any its fixtures, equipment located and appurtenances, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole costs and expense, to the reasonable satisfaction of Landlord and in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.accordance with Section 8.01

Repairs. A. Landlord will keep: (a) the roof, structure, columns, exterior walls and exterior windows, foundation, interior load-bearing walls and demising walls and floors, in sound, watertight condition and good state of repair; and (b) the elevators, and all Building systems and facilities including, but not limited to, the base building electrical, water, gas, sewer, life safety, mechanical and HVAC (including the Premises' air handling equipment, but excluding separate package air-conditioning systems specially installed by or for Tenant shall, at for Tenant's own expensesole use, if any) supplied to the Premises in good operating condition, maintenance and repair; and (c) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. The Landlord will also keep the Premises, including all improvements, fixtures and furnishings therein, and the non-structural floor or floors public portions of the Building, toilets and Common Areas in clean, sightly, good operating condition and repair as well as any Building in systems which penetrate into or pass through the Premises or upon which the Premises are located, in good order, repair and condition at all times during the Lease Termdependent. In addition, Tenant shallLandlord agrees, at Tenant's own its expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control upon request of Tenant; provided however, that, if Tenant fails to make such remedy any latent defects in Landlord's Work. All repairs, Landlord may, but need not, make such repairs replacements and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, restorations made by Landlord shall be responsible for equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. The Landlord covenants that any repairs or replacements (as the American Disabilities Act case may be) required by the terms of this Lease to be made by Landlord shall be commenced and completed expeditiously. All repair obligations of Landlord hereunder with respect to the portions of the Building Project, other than structural repairs and Project located outside of the perimeter of the Premisesexcept as expressly set forth in Exhibit "D" hereof, and Tenant shall be responsible for compliance with such Act during the term deemed a component of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTOperating Costs.

Repairs. Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, heating, ventilation (including exhaust) and air conditioning (“HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the non-structural floor or floors of the Building in on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of ’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, gutter, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, Building and Common Areas (to the landscaping, walkways, driveways and parking areas of the Projectextent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's ’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the limitations terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAWFor the three (3) HVAC units existing at the Premises on the Rent Commencement Date which are listed on Exhibit I and which are not being replaced prior to or at the beginning of the Term (the “Existing Units”) by Landlord, STATUTELandlord at its sole cost and expense, OR ORDINANCE NOW OR HEREAFTER IN EFFECTshall be responsible for repairs or replacements to the Existing Units, not including routine maintenance or the costs of Tenant’s service agreement or damage caused by Tenant or Tenant’s employees, contractors or agents, which exceed $1,500.00 per unit per year as identified either through service calls from Tenant or as otherwise identified in the course of the preventative maintenance and/or inspections. Tenant shall notify Landlord prior to performing such repairs and Landlord shall either permit Tenant’s vendor to perform the work at Landlord’s expense or Landlord shall contract for such work to be performed. If an Existing Unit needs to be replaced during the Term of this Lease (other than as a result of the negligent or willful acts or omissions of Tenant or its agents), then Landlord shall replace such Existing Unit with a new unit, using Building standard materials, and the cost thereof shall be paid by Landlord and thereafter Tenant shall reimburse to Landlord, as Additional Rent hereunder, the annual amortization (to the extent applicable to the remaining Term or any Option Term based upon the estimated useful life of the applicable Existing Unit that was replaced) of such cost in equal monthly installments on the first day of each month during the remaining Term or any Option Term. After any Existing Unit is replaced with a new unit, Tenant shall, at Tenant’s sole expense, be responsible for all future repairs, replacement and maintenance for such replaced HVAC system for the remainder of the Term as it may be extended.

Repairs. Landlord shall maintain and repair the exterior (including window glass) of and the structural and the public portions of the Building and all Building systems servicing the Premises. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's own sole cost and expense, keep make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the Premisesterms of this Lease excepted. Tenant shall reimburse Landlord for all replacements to the lamps, including tubes, ballasts and starters in the lighting fixtures installed in the Premises (except with respect to the Landlord’s Work). Notwithstanding the foregoing, all improvementsdamage or injury to the Premises or, fixtures subject to Landlord's direction and furnishings thereinsupervision, and the non-structural floor or floors to any other part of the Building in which Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the Premises are locatedimproper act, in good orderimproper omission, repair and condition at all times during the Lease Term. In additionneglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant shallor any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at Tenant's own its sole cost and expense, but under the supervision and subject to the prior approval reasonable satisfaction of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately . Tenant also shall repair all damage to the Building and the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by the moving of Tenant's use of the Premises except for damage caused by ordinary fixtures, furniture or equipment (normal wear and tear excepted). All the aforesaid repairs shall be of quality and class equal to the original work or beyond construction and shall be made in accordance with the reasonable control provisions of Article 3 hereof. If Tenant fails after thirty (30) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and the out-of-pocket expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rent promptly after rendition of a xxxx or statement therefor. Tenant shall pay give Landlord prompt notice upon its obtaining actual knowledge of any defective condition in the cost thereofPremises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof, including there shall be no allowance to Tenant for a percentage diminution of rental value and no liability on the cost thereof (part of Landlord by reason of inconvenience, annoyance or injury to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect Tenant or others making, or failing to the portions of the Building and Project located outside of the perimeter of the Premisesmake, and Tenant shall be responsible for compliance with such Act during the term of the Lease any repairs, alterations, additions or improvements in or to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof portion of the Building, or the structural portions Premises, or in or to fixtures, appurtenances, or equipment thereof. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the floors of the BuildingPremises are temporarily or permanently closed, the systems and equipment of the Buildingdarkened or bricked-up, and the landscaping, walkways, driveways and parking areas of the Project, except if required by law or related to any construction upon property adjacent to the extent that such repairs are required due to the negligence Real Property by Landlord or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenantothers, Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but not be liable for any damage Tenant may sustain thereby and Tenant shall not be required toentitled to any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction, enter provided, that Landlord agrees to use commercially reasonable efforts not to cause same and to complete in an expeditious manner any work which would cause any windows of the Premises at all reasonable times to make such repairsbe temporarily closed, alterations, improvements darkened or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTbricked up.

Repairs. Tenant shallSection 11.01 Tenant, at Tenant's own its sole cost and expense, keep shall take good care of the Premises, including all improvements, fixtures those items and furnishings thereinmaterials remaining in the Premises and delivered in an “AS/IS” condition by the Landlord as of the Delivery Date, and Tenant’s Property and the Fixtures therein and the Rooftop Facilities. Tenant shall notify Landlord of any need for repair of the Building Equipment in the Premises which is reasonably observable by Tenant, unless such repair is Tenant’s responsibility under the next sentence. Tenant, at its sole cost and expense, shall make and be responsible for all repairs, as and when needed to preserve the non-structural floor portions of the Premises (including those items and materials remaining in the Premises and delivered in an “AS/IS condition by the Landlord as of the Delivery Date) and Tenant’s Property and the Fixtures therein and the Rooftop Facilities in good working order and condition, to the extent the need for which arises out of (a) the installation, use, existence or floors operation of Tenant Improvements, the remaining “AS/IS” items and materials, Tenant’s Property or Fixtures, (b) the moving of Tenant’s Property or Fixtures in or out of the Building in which or the Premises, (c) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this Lease (except fire or other casualty caused by Tenant’s negligence but as t this exception only, to the extent insurance proceeds are locatedseparately paid to Landlord); or (d) the provisions of Section 9.01A. Tenant, at its sole cost and expense, shall promptly repair or replace scratched, damaged or broken doors, and interior glass installed by Tenant, in good order, repair and condition at about the Premises and shall be responsible for all times during repairs and maintenance of wall and floor coverings in the Lease TermPremises. In addition, Tenant shallshall promptly make, at Tenant's own its sole cost and expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair (i) all damage repairs in or to the Premises for which it is responsible, and replace or repair (ii) all damaged, broken, or worn fixtures and appurtenances repairs to the Building Equipment to the extent caused by Tenant's the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises except otherwise than in accordance with the terms of this Lease. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article 10, and shall be at least equal in quality and class to the original work or installation or the then standards for damage caused the Building reasonably established by ordinary Landlord. However, Tenant shall not be responsible for reasonable wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails for repairs which are Landlord’s obligation to make such repairsunder Section 11.02 below, Landlord mayor subject to Section 8.02 above, but need notor resulting from the acts, make such repairs and replacementsomissions, and Tenant shall pay Landlord the cost thereofviolations of Legal Requirements, including a percentage breach of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct act of Tenant; providedLandlord or any of its agents, howevercontractors, that if such repairs are due to the negligence employees or willful misconduct of Tenant, others for whose conduct Landlord shall nevertheless make such repairs at Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECTis legally responsible.

Repairs. Tenant shall, Landlord shall at Tenant's own expense, keep the Premises, including its sole cost and expense be responsible for and shall promptly make all improvements, fixtures and furnishings therein, and the non-structural floor or floors of the Building in which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly, nondiscriminatorily, and reasonably established for the Building and/or the Projecti) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's control of such necessary repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions structural elements and exterior of the Building Complex, the roof, roof membrane, foundations, supports, foundations, steelwork, all mechanical systems, including heating, air conditioning, electrical and Project located outside of plumbing systems, (the perimeter of mechanical, heating, air conditioning, electrical and plumbing systems are referred to as the Premises"systems"), the parking lots, driveways, walkways, curbing and Tenant shall be responsible for compliance with such Act during the term of the Lease sidewalks, exterior lighting, elevator and building entrances/exits and (ii) necessary repairs and replacements to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this LeaseCommon Areas. Landlord shall also be responsible responsible, at its sole cost and expense for repairs the periodic (annually, or more often if so required by the Occupational Safety and Health Act) cleaning of the air ducts in the Complex. Landlord represents that as to the exterior wallssystems, foundation and roof it will replace each of the Buildingsystems, as necessary, at its sole cost and expense, with new fully operational systems and will not continuously attempt to repair such systems. The Landlord shall also be responsible for, at its sole cost and expense, all snow and ice removal from the parking lot, walkways and building entrances. Landlord shall use reasonable efforts to minimize interference with Tenant's operations during Landlord's work to repair or replace. In the event Landlord fails to make any repair or replacement which Landlord is obligated to do under this Article, after receipt of notice from Tenant and a reasonable opportunity to cure, not to exceed fifteen (15) days, then Tenant shall be entitled to offset such amounts from its future Basic Rent payments, until such time as the repair or replacement, as applicable, shall be substantially completed, which set-off shall be apportioned from the sixteenth day after notice of the necessity of the repair or replacement based upon the amount of square footage of the Premises which is unusable to the entire Premises. If Landlord fails to proceed with due diligence to complete any repairs or replacements required to be made, the structural portions same may be completed by Tenant at its option and at the expense of the floors of the Building, the systems and equipment of the Building, and the landscaping, walkways, driveways and parking areas of the Project, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord. Landlord shall nevertheless pay such amount to Tenant within fifteen (15) days of demand by Tenant. In the event Landlord fails to timely make such repairs at payment, Tenant may offset such amounts from its future Basic Rent payments under this Lease until such amount is fully reimbursed to Tenant's expense. Subject to the limitations of Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. TENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.