Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the nonstructural aspects of the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all interior nonstructural improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law. Notwithstanding the foregoing, safe at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approval, which shall not be unreasonably withheld, subject to involvement with such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.

Tenant’s Repairs. Tenant, at its own expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises. Landlord shall not be required to make any repair, whether foreseen or unforeseen, or to maintain any of the Premises in any way. Any repair or replacement shall be performed at the Tenant's expense by contractors approved by Landlord, or at Landlord's option, by Landlord. Such repair and replacements include capital expenditures and repairs whose benefit extend beyond the Lease Term. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and be reimbursed by Tenant within ten (10) days after demand therefor. Subject to the Restoration and Condemnation Paragraphs, Tenant shall bear the full cost of any repair or replacement to any part of the Premises that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises, or shall impair the rights of others under any easement or right-of-way to which the Premises are subject, then upon request of Landlord, Tenant, at its cost and expense, shall, except for those structural items specifically required to shall take such action as shall be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep remove such encroachments or end such violation or impairment. Notwithstanding the Premises and facilities in goodforegoing, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheldrequired to remove any such encroachments if Tenant has or obtains such easements, subject licenses or similar rights as may be necessary to permit such terms, conditions and requirements as Landlord may specify)encroachments to remain.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, the interior side of demising walls. Such repair and other cleaning replacement may include capital expenditures and upkeep so as repairs whose benefit may extend beyond the Term. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that no rail spur service will if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s prior written approvalrequest, which for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. (A) Subject to the provisions of Article XII (relating to destruction of the Leased Premises) and Article XIII (relating to condemnation), Tenant at Tenant’s sole cost and expense and at all times shall keep the Leased Premises and every part thereof in good order, condition and repair, structural and non-structural (whether or not such portion of the Leased Premises requiring repairs, or the means of repairing the same, are reasonably and readily accessible to Tenant, at its own cost and expense, shall, except whether or not the need for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by such repairs occurs as a result of Tenant’s fault) (i) maintain and repair all parts use, any prior use, the elements or the age of such portion of the Premises and keep them in goodLeased Premises), safeincluding without limiting the generality of the foregoing, operating condition or, if better, all equipment or facilities servicing the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Leased Premises, includingsuch as plumbing, but not limited toheating, air conditioning, ventilating, electrical, lighting systems, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, glass and plate glass doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs sidewalks, and parkways located in, on, under or about the Leased Premises. Tenant shall not cause or permit any special office entryHazardous Substance to be spilled or released in, interior walls on, under or about the Leased Premises (including through the plumbing or sanitary sewer system) and finish workshall promptly, doors at Tenant’s expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of contamination of, and floor coveringfor the maintenance, downspoutssecurity and/or monitoring of the Leased Premises, guttersthe elements surrounding the same, heating or neighboring properties, that was caused, permitted or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance and/or storage tank brought onto the Leased Premises by or for Tenant or under its control. Tenant in keeping the Premises in good order, condition and air conditioning systemsrepair shall exercise and perform good maintenance practices. Tenant’s obligations shall include restorations, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as replacements or renewals when necessary to keep the Leased Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal all improvements thereon or a part thereof in a licensed waste facilitygood order, condition and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free state of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)repair.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as the interior side of demising walls. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 business days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that no rail spur service will if such failure by Tenant creates or could create an emergency (i.e., a circumstance which poses an imminent threat of harm to persons or substantial property damage), Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s prior written approvalrequest, which for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably clean and sanitary conditionsatisfactory to Landlord, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in or the Premises Systems required by law. Notwithstanding the foregoing, 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 cleanpercentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, safe and sanitary condition free of all refusegeneral conditions, debris, equipment fees and other materials of costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, its employees, agents, contractors, invitees to procure and licenseesmaintain any or all of such service contracts, and (vi) if Landlord so elects, Tenant desires railroad spur track service shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the same is available Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantExcept as expressly provided in Paragraph 8.1, Tenant shall, at its own cost sole cost, keep in first-class appearance, in a condition at least equal to that which existed when Tenant initially began operating at the Premises, and expensein good order, shallcondition, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to cleanliness and repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts interior of the Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on interior surfaces of walls, floors, ceilings, and the Effective Date hereofinterior surfaces of all doors, (ii) promptly make door frames, door checks, entrances, windows, window frames, and plate glass. Landlord shall repair, maintain, and replace, at Tenant’s expense, swamp coolers, all necessary repairs plumbing and replacements sewage facilities within the Premises, including free flow up to the Premises main sewer line, fixtures, ventilation, and the electrical systems serving the Premises, includingsprinkler systems, exterior walls, exterior windows, doors, door frames, and any mechanical systems or equipment installed for the sole use by Tenant. All equipment, facilities or fixtures shall, at Tenant’s sole expense, be kept, repaired, maintained, replaced or added to as provided by this paragraph at all times in accordance with all governmental requirements; except that Tenant shall not be required to make any such repairs or replacements occasioned by the act or negligence of Landlord, its agents, employees, invitees, licensees, representatives or contractors. In the event that Tenant fails to comply with the obligations set forth in this Paragraph 8.2, Landlord may, but shall not limited be obligated to, windows, glass and plate glass doors, perform any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists such obligation on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrisbehalf of, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep for the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials account of Tenant, its employees, agents, contractors, invitees and licensees, Tenant shall reimburse Landlord for all costs and (vi) if expenses paid or incurred on behalf of Tenant desires railroad spur track service and in connection with performing the same is available obligations set forth herein. Tenant expressly waives the right to make repairs at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalexpense under any law, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)statute or ordinance now or hereafter in effect.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, the interior side of demising walls. Such repair and other cleaning replacement may include capital expenditures and upkeep so as repairs whose benefit may extend beyond the Term. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that no rail spur service will if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s prior written approvalrequest, which for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. TenantExcept as expressly provided in Subparagraph 12(a) above and Paragraph 16 below, Tenant shall, at its own cost sole cost, keep and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to maintain the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the entire Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and window frames, plate glass doorsglass, any special office entryglazing, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boardsskylights, truck doors, dock bumpers, paving, plumbing work doors and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if betterall door hardware, the interior walls and partitions, interior surfaces of exterior walls, carpets, flooring, roof membrane and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition that exists on the Effective Date hereofand repair. The term "repair" shall include replacements, (iii) provide termite and pest extermination restorations and/or renewals when necessary as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of well as painting. Tenant's trash obligation shall extend to all alterations, additions and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as improvements to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the entirety Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment serving the Premises with an HVAC repair and maintenance contractor reasonably approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Landlord shall assign to Tenant for the term of this Lease the benefit of all warranties available to Landlord which would reduce the cost of performing the obtaining obligations of Tenant to make repairs under this Subparagraph 12(b). Landlord shall cooperate with Tenant in the enforcement of such warranties. Should Tenant fail to commence to make repairs required of Tenant hereunder within fifteen (15) days after notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as additional rent for the cost of such maintenance or repairs within thirty (30) days of any spur track servicing the Premises (provided, however, that written demand by Landlord. Landlord shall have no rail spur service will be connected maintenance or repair obligations whatsoever with respect to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject as expressly provided in Subparagraph 12(a) and Paragraph 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to such terms, conditions and requirements make repairs at the expense of Landlord as Landlord may specify)provided in Section 1942 of said Civil Code.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems are located in and solely serves the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), crane systemsin good condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodthe order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its sole reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole reasonable discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law to the extent required under Article 21. Notwithstanding the foregoing, safe if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approvalinvolvement with such repairs and replacements forthwith upon being billed for same. In addition, which Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall not be unreasonably withheldreimburse Landlord, subject to such termsupon demand, conditions and requirements as Landlord may specify)for the costs thereof.

Tenant’s Repairs. Subject to Sections 13, 17 and 18 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace, and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, gas, electrical, water, HVAC, sanitary sewer, plumbing, fire protection (including, without limitation, sprinklers), elevators, and all other building systems serving the Premises ("Building Systems"), entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, the interior side of demising walls. Such repair and other cleaning replacements may include capital expenditures and upkeep so as repairs whose benefit may extend beyond the Term. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such default within 10 days of Landlord's notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that no rail spur service will if such default by Tenant creates or could create an emergency, Landlord may immediately commence cure of such default and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. At all times during the Term, Tenant shall either (i) keep in place a contract for the maintenance of the Building Systems, with a contractor and using maintenance schedules and procedures reasonably acceptable to, and previously approved by, Landlord, or (ii) make other arrangements for such maintenance work, which arrangements shall be reasonably acceptable to, and previously approved by, Landlord. Mechanic's Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 20 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Premises and the Project free from any liens arising out of work performed, materials furnished, or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Premises except with Landlord’s prior written approval, which shall not or the Project be unreasonably withheld, subject to furnished on any such terms, conditions and requirements as Landlord may specify)Financing Statement without such qualifying language.

Tenant’s Repairs. Subject to Landlord’s obligation in Paragraph 11, and subject to Paragraphs 10 and 16, Tenant, at its own cost and expense, shallshall repair, except replace, and maintain in good condition all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, fixtures, above slab water and sewer lines, entries, doors, ceilings, windows, and interior walls. Repair and replacement obligations may include capital repairs or capital replacements whose benefit may extend beyond the Expiration Date. Landlord’s HVAC Obligations shall not include any HVAC systems installed by Tenant, any specialty HVAC equipment or systems (including but not limited to IT room supplemental HVAC, any air conditioning systems serving the warehouse portion of the Premises other than the Warehouse Systems, or which are necessary for those structural items specifically required temperature-controlled product)(collectively the “Tenant’s HVAC”), and Tenant, at Tenant’s expense, shall be responsible for the maintenance, repair, and replacement of Tenant’s HVAC, as well as the exhaust fans, ductwork, vents, and registers serving Xxxxxx’s HVAC. Xxxxxx agrees to maintain throughout the Lease Term a preventative maintenance/service contract, using qualified contractors, for the servicing all doors and dock equipment serving the Premises. If Tenant fails to perform any maintenance, repair, or replacement for which it is responsible, Landlord may perform such work and be maintained reimbursed by Landlord under Paragraph 4A hereof (subject Tenant within 10 days after demand. Subject to Paragraphs 10 and 16, Tenant shall bear the requirements therein for Tenant cost of any repair or replacement to repair any part of the same if the Premises, Building or Project that results from damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesor invitees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing or Tenant’s failure to maintain the Premises (provided, however, that no rail spur service will be connected to the Premises except in accordance with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)this Lease.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts interior portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass interior walls, and plate glass doorsthe interior side of demising walls. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises as required under this Section 14, any special office entryLandlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, interior walls and finish workthereafter diligently prosecute such cure to completion, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if shall be reimbursed by Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (within 10 days following written demand therefor; provided, however, that no rail spur service will if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s prior written approvalrequest, which for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems are located in and solely serve the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), crane systemsin the condition received. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodthe order, safecondition and repair received and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its reasonable discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law to the extent [BigHat Biosciences, safe Inc.] Execution Original required under Article 21. Notwithstanding the foregoing, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approvalinvolvement with such repairs and replacements forthwith upon being billed for same. In addition, which Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall not be unreasonably withheldreimburse Landlord, subject to such termsupon demand, conditions and requirements as Landlord may specify)for the costs thereof.

Tenant’s Repairs. TenantExcept as provided in Sections 7.2 and 7.3 herein, at its own cost Tenant shall make all repairs and expense, shall, except for those structural items specifically alterations to the property which Tenant is required to maintain, as hereinafter set forth, which may be maintained necessary to maintain the same in as good repair and condition as the same are on the Commencement Date or which may be required by any laws, ordinances or regulations of any public authorities having jurisdiction, including any applicable subsequent amendments or modifications thereto, reasonable wear and tear and damage excepted and subject to Articles VIII, IX and X. Upon the expiration or other termination of the Lease Term, Tenant shall remove its goods and effects and those of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises with so much of the same as Tenant is obligated to maintain pursuant to the provisions of this Section 7.1 in as good repair and condition as the same were in on the Commencement Date, reasonable wear and tear excepted and subject to Articles VIII, IX and X. However, notwithstanding anything in this lease contained to the contrary, Landlord shall reimburse Tenant for the reasonable cost of making all repairs and alterations to the property which Tenant is required to maintain which may be required as the result of repairs, alterations, other improvements or installations made by Landlord under Paragraph 4A hereof (subject or Landlord's agents or employees, unless done by Landlord pursuant to Section 13.1. The property which Tenant is required to maintain is the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts interior of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Demised Premises, including, but not limited towithout limitation, windows, all glass and plate glass doorsall utilities, conduits, fixturew and equipment within the Demised Premises serving the Demised Premises exclusively, but excluding all property which Landlord is required to maintain below provided. If at any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and time during the Lease Term Tenant shall make any repairs or replacements to the heating-ventilating air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep system serving the Demised Premises and facilities in good, safe, operating condition or, if better, the condition ("HVAC") that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof are not customarily included in a licensed waste facilityregular service and maintenance contract, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionthen Tenant shall be reimbursed by Landlord, (v) keep the parking areasupon demand, driveways and alleys surrounding or adjacent for an amount equal to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety product of the cost to Tenant thereof multiplied by a fraction the denominator of which is 120 and the numerator of which is 120 minus the number of months between the date of the obtaining making of such repairs and/or replacements, in each case, and maintenance the date of the termination of the Lease Term. Said reimbursement may be effected by Xxxxxx's deducting the amount thereof from the final payments of Minimum Rent due and payable hereunder. (If the Lease Term shall be extended subsequent to the making of any spur track servicing such repairs "the Premises (providedtermination of the term" shall be deemed to be the termination of the Lease Term as so extended, however, that no rail spur service will be connected to and Tenant shall thereupon reimburse Landlord for any excess reimbursement paid by Xxxxxxxx in accordance with the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specifypreceding sentence.).

Tenant’s Repairs. Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject Subject to the requirements therein for Tenant to reimbursement provisions of Xxxxxxxxx 0, Xxxxxxxx shall maintain in good repair and condition the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts of the Premises other internal and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, external common areas including, but not limited toto internal lobbies, corridors, driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 2, 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord’s election, crane systemsby Landlord, rail spursin which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence to perform any repair or replacement for which it is responsible after 10 days written notice from Landlord, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in goodall areas, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs improvements and replacements to systems exclusively serving the Premises and the systems serving the Premises, including, but not limited towithout limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such capital expenditures, and the denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures for federal income tax purposes. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep building systems serving the Premises and facilities in good, safe, operating condition shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, if betternot done so by Tenant, by Landlord. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall bear the condition full cost of any repair or replacement to any part of the Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Tenant shall at Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) 's expense maintain and repair all parts of the Premises and keep them in a good, safe, operating clean and secure condition or, if better, the condition that exists on the Effective Date hereof, (ii) and promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesreplacements, including, including but not limited to, to all windows, glass and plate glass glass, doors, any special office entry, interior walls and finish workwall finishes, doors and floor covering, downspoutsheating, gutters, heating ventilation and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, pavingdock plates and levers, plumbing work and fixtures, sewer linesdownspouts, as necessary to keep the Premises electrical and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrislighting systems, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (fire sprinklers; provided, however, Tenant shall have no obligation to make any such repairs, maintenance or replacements which are otherwise Landlord's obligations hereunder; and provided, further that Tenant shall have no obligation to make any such repairs, maintenance or replacements as are necessitated due to construction or material defects in the initial construction of the Improvements which repairs, maintenance and replacements shall be made by Landlord at its sole cost and expense . Tenant shall at Tenant's expense also perform regular removal of trash and debris. If required by the railroad company, Tenant agrees to sign a joint maintenance agreement governing the use of the rail spur spur, if any. Tenant shall, in the event Landlord does not, as provided for in Paragraph 10 above, at Tenant's own expense, enter into a regularly scheduled preventive maintenance/service will contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the Premises. The maintenance contractor and the contract must be connected to the Premises except with Landlord’s prior written approval, approved by Landlord (which approval shall not be unreasonably withheldwithheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, subject at its sole expense, immediately repair any damage to such terms, conditions and requirements as Landlord may specify)any demising wall caused by Tenant or Tenant's Parties.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the systems serving extent accessible to Tenant) of the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably clean and sanitary conditionsatisfactory to Landlord, (v) keep who shall have commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in or the Premises Systems required by law. Notwithstanding the foregoing, 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 cleanpercentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, safe and sanitary condition free of all refusegeneral conditions, debris, equipment fees and other materials of costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Tenant has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, its employees, agents, contractors, invitees to procure and licenseesmaintain any or all of such service contracts, and (vi) if Landlord so elects, Tenant desires railroad spur track service shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the same is available Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in the Tenant Work Letter, Sections 7.2 and 11.1 below, and otherwise as expressly set forth in this Lease, Tenant shall, at its Tenant's own cost and expense, shallkeep the interior of the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the "Premises Systems"), crane systemsin a first-class condition. Tenant's obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite all improvements thereon or a part thereof and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsSystems in first-class order, (iv) provide for regular removal of Tenant's trash condition and debrisrepair and in compliance with all applicable Requirements. Except as expressly set forth in this Lease, and proper disposal thereof it is intended by the parties hereto that Landlord shall have no obligation, in a licensed waste facilityany manner whatsoever, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding repair or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, the improvements located therein or the equipment therein, or the Premises Systems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant's maintenance of the Premises Systems shall comply with the manufacturers' recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in commercially reasonable forms satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the entirety Premises Systems in accordance with the manufacturers' recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its commercially reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Notwithstanding the foregoing, 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 of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except other costs or expenses arising from Landlord's involvement with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.

Tenant’s Repairs. Subject to Landlord's obligations in Section 10, and subject to Sections 9 and 15, Tenant, at its own cost and expense, shallshall maintain, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to repair, and replace in good working order all areas, improvements and systems exclusively serving the requirements therein for Premises including floor slab, doors, and Tenant to repair the same if the damage is caused HVAC and related components. “Tenant HVAC” means HVAC systems installed by Tenant, specialty HVAC equipment (including IT room HVAC), and warehouse air conditioning systems (other than the Warehouse Systems) including temperature-controlled product systems. In addition, Tenant, at Tenant’s fault) (i) maintain expense, shall repair and repair all parts of replace in good working order the Premises dock doors, dock levelers, and keep them in gooddock bumpers serving the Premises. If Tenant fails to perform any Tenant maintenance, saferepair, operating condition oror replacement required under this Lease within 30 days from demand, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs Landlord may perform such work and replacements Tenant shall reimburse Landlord for such costs within 30 days after demand along with a 5% administrative fee. 12. Tenant-Made Alterations and Trade Fixtures. Tenant must obtain Landlord’s written consent for any alterations or improvements made to the Premises or Project by, or on behalf of, Tenant ("Tenant-Made Alterations"). Tenant shall be responsible to ensure that all Tenant-Made Alterations comply with Legal Requirements and are constructed in a good and workmanlike manner by reputable contractors. Tenant shall provide Landlord with the systems serving names of all contractors performing work or supplying materials prior to beginning construction, and Landlord may post notices of non-responsibility at the Premises. Tenant shall cause its contractor completing Tenant-Made Alterations to provide certificates of insurance for worker's compensation, including a waiver of subrogation in favor of Landlord Parties, and commercial general liability in an amount equal to $2,000,000, including a provision of additional insured status for Landlord Parties. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors which provided services for the Tenant-Made Alterations. Upon surrender of the Premises, includingTenant shall remove all Tenant-Made Alterations and any improvements constructed by Tenant, but not limited tounless Landlord notifies Tenant that they shall remain as Landlord's property. Tenant shall repair any damage resulting from such removal. Upon Tenant's written request, windowsLandlord shall provide Tenant a list of Tenant-Made Alterations Landlord will shall allow to remain upon the Expiration Date. Without Landlord’s approval, glass Tenant may erect shelves, racking, machinery and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep trade fixtures in the Premises and facilities in good(collectively "Trade Fixtures"), safe, operating condition or, if better, provided such items: (a) do not overload the condition that exists on the Effective Date hereofslab, (iiib) provide termite and pest extermination as needed to keep may be removed without damaging the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep slab or the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesPremises, and (vic) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except comply with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).all Legal Requirements. Upon

Tenant’s Repairs. Subject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Tenant’s maintenance, repair and replacement responsibilities herein referred to include, but are not limited to, the heating, ventilation, and air conditioning (“HVAC”) equipment and systems (including compressors, fans, air handlers, VAV boxes, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), janitorial service, plumbing and sewage lines and systems (such as water and drain lines, sinks), electrical systems (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts, fans, vents, exhaust equipment), ducts, and all interior improvements within the Premises including but not limited to walls and wall coverings, window coverings, ceilings, tile, carpeting, flooring, draperies, shades, window coverings, partitioning, doors (both interior and exterior, including closing mechanisms, latches and locks), entrances, plate glass, glazing and window hardware, skylights (if any), fire detection, extinguisher equipment, fire sprinkler and fire alarm systems in the Premises, and all other interior improvements of any nature whatsoever. Tenant shall keep the sidewalk areas in front of its Premises swept and clean at all times. Tenant also shall maintain and repair any equipment and systems relating to the distribution of HVAC to or within the Premises. 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, 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, plus an administrative fee equal to fifteen percent (15%) of such costs to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant will at all times maintain the plumbing, gas, steam, sewer, water pipes up to the point at which such pipes and utility systems connect to or within the Premises. Areas of excessive wear caused by Tenant or its employees, contractors or invitees shall be replaced at Tenant’s sole expense upon Lease termination. Landlord shall have the right to review and reasonably approve each contractor or vendor retained by Tenant to perform scheduled maintenance and repairs and, if Landlord in good faith determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. Tenant shall regularly, in accordance with commercially reasonable standards, generate and maintain preventive maintenance records relating to the Building Systems and Equipment (“Books and Records”). In addition, within thirty (30) days following Landlord’s written request, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) all such Books and Records. Within thirty (30) days following Tenant’s receipt of written request from Landlord, Tenant shall make available for Landlord’s review (or at Tenant’s option, deliver to Landlord copies of) any maintenance and repair reports, documents and back-up materials related to the maintenance, repair and other work required to be performed by Tenant, to the extent the same are regularly and customarily generated and maintained by, and in the possession of, Tenant or its management team (collectively, the “M&R Reports”). Tenant’s obligation to deliver Books and Records and M&R Reports shall survive the Expiration Date and the prior termination of this Lease. Without limiting the foregoing, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained expense Tenant shall enter into a contract or contracts (each a “Service Contract”) in form and substance reasonably approved by Landlord under Paragraph 4A hereof with qualified, experienced professional third party service companies reasonably approved by Landlord to perform its maintenance and repair of these portions of the Systems and Equipment which require regularly scheduled periodic maintenance, including the HVAC systems (subject which shall provide for and include, without limitation, replacement of filters, oiling and lubricating of machinery, parts replacement, adjustment of drive belts, oil changes and other preventive maintenance, including annual maintenance of duct work, interior unit drains and caulking of sheet metal, and recalking of jacks and vents on an annual basis), the building fire/life-safety systems, and the electrical and plumbing systems. On an annual basis, Landlord shall have the right to the requirements therein for review and approve each contractor or vendor retained by Tenant to repair perform scheduled maintenance and repairs and, if Landlord reasonably determines that such contractor or vendor is not performing adequate maintenance or repair, Landlord may require that Tenant replace such contractor or vendor with a contractor or vendor reasonably approved by Landlord. The HVAC Service Contract shall provide for the same if the damage is caused by Tenant’s fault) (i) HVAC service provider to maintain and repair when necessary all parts of HVAC equipment which serves the Premises and to keep them the same in goodgood condition through regular inspection and servicing at least once every ninety (90) days. Tenant also shall maintain continuously throughout the Term a Service Contract for the washing of all windows in the Premises (both interior and exterior surfaces) with a contractor approved by Landlord, safewhich provides for the periodic washing of all such windows at least once every ninety (90) days and Service Contracts for the inspection, operating condition ortesting and servicing of the life-safety and elevator systems in the Premises, if betterwith a contractor reasonably approved by Landlord. Upon Tenant’s request, Tenant shall furnish Landlord with copies of all such Service Contracts. Notwithstanding anything contained herein to the condition that exists on the Effective Date hereofcontrary, (ii) promptly because this is a short term lease, Tenant shall have no obligation to make all necessary any capital repairs and or replacements to the Premises and the systems serving the Premises, (including, but not limited to, windows, glass and plate glass doorswithout limitation, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding replacements or adjacent capital repairs to the Premises in a clean, safe HVAC or any other Systems and sanitary condition free of all refuse, debris, equipment Equipment) and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and any such capital repairs or replacements necessary during the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service Term will be connected made by Landlord and amortized as a capital improvement pursuant to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specifySection 4.2.1(xii).

Tenant’s Repairs. TenantSubject to Sections 10.1, 10.2, 15 and 16, Tenant agrees, at its own cost and expensesole cost, shallto maintain the Premises, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts thereof, all loading docks contiguous thereto and all Tenant's signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises clean, promptly replacing any broken door or door closers and keep them in goodany cracked or broken glass with glass of like kind and quality. Tenant shall maintain, saferepair, operating condition or, if better, and replace as and when necessary the condition that exists on the Effective Date hereof, mechanical systems (iiincluding HVAC) promptly make and all necessary repairs and replacements to the Premises and the systems serving utility lines within the Premises, includingincluding those beneath the slab and within the exterior or demising walls, but except to the extent such items are to be maintained, repaired or replaced by Landlord pursuant to Section 10.1. Tenant shall not limited topermit any vibration and noise which may be transmitted beyond the Premises. When used in this Lease, windowsthe term "repair" shall include making all necessary replacements, glass renewals, alterations and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing additions. All repairs shall be at least equal in quality to the original work and fixturesshall be made by Tenant in accordance with all applicable laws, sewer lines, as necessary to keep the Premises ordinances and facilities in good, safe, operating condition or, if better, the condition that exists regulations. Tenant shall enter into annual service and testing/inspection contracts on the Effective Date hereofHVAC, elevator, fire and life safety systems (iiithe "Maintenance Contracts"). If Tenant fails to perform any of its obligations under this Section 7.4, Landlord may, in addition to exercising any other remedies provided herein, perform such repairs or maintenance. Any sums expended by Landlord in performing such repairs or maintenance shall be due and payable as Additional Rent, within ten (10) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of days after Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free receipt of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior 's written approvalrequest for reimbursement, which request shall not be unreasonably withheld, subject to accompanied by reasonable evidence of such terms, conditions and requirements as Landlord may specify)costs.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain in good operating condition and repair in accordance with the standard customarily maintained in Class A facilities in Research Triangle Park (reasonable wear and tear and damage by casualty excepted) all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass interior walls, and plate glass doorsthe interior side of demising walls, all building systems serving the Building, including HVAC, plumbing, fire sprinklers, elevators (“Building Systems”), and any special office entryemergency generator(s) or related systems serving the Premises. Tenant’s obligations under this Section 14 with respect to Building Systems shall include the procurement and maintenance of contracts, interior walls in form and finish worksubstance reasonably satisfactory to Landlord, doors with copies to Landlord upon Landlord’s written request, for and floor covering, downspouts, gutters, heating with contractors reasonably acceptable to Landlord specializing and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work experienced in the maintenance and fixtures, sewer lines, as necessary repair of the respective Building Systems. Notwithstanding anything to keep the Premises and facilities in good, safe, operating condition or, if bettercontrary contained herein, the condition that exists on scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the Effective Date hereof, (iii) provide termite optimal performance of the applicable Building Systems and pest extermination as needed related equipment. Should Tenant fail to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as make any such repair or replacement or fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant written notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 20 days of Landlord’s written notice, and maintenance of any spur track servicing the Premises thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor (including reasonable backup outlining such cost); provided, however, that if such failure by Tenant creates or could reasonably be expected to create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. If Tenant consistently fails to perform its obligations under this Section 14 with respect to Building Systems, then Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the maintenance and repair of any or all of the Building Systems if Tenant does not cure Tenant’s failure within 20 days after receipt of such notice. Landlord and Tenant acknowledge and agree that (a) the administrative rent of of Base Rent provided for in Section 5 assumes Tenant’s continued performance of its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, and (b) if at any time during the Term, Tenant is no rail spur service will longer performing its maintenance and repair obligations with respect to Building Systems pursuant to this Section 14, then such administrative rent shall be connected increased to of Base Rent. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the Premises except with Landlordcontrary contained in this Section 14, Tenant’s prior written approval, which obligations under this Section 14 shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Building or Project, and Landlord shall continue during the Term, as part of Operating Expenses, to be unreasonably withheldresponsible for capital repairs and replacements required to be made to the Building and Project including, subject without limitation, capital repairs and replacements with respect to Building Systems. Tenant shall cause any vendors and other service providers hired by Tenant to perform services at the Premises or the Project in connection with Tenant’s obligations under this Section 14 to maintain in effect workers’ compensation insurance as required by Legal Requirements and commercial general liability insurance with coverage amounts reasonably acceptable to Landlord. Tenant shall cause such termsvendors and service providers to name Landlord and Alexandria Real Estate Equities, conditions Inc. as additional insureds under such policies and requirements shall provide Landlord with certificates of insurance evidencing the required coverages (and showing Landlord and Alexandria Real Estate Equities, Inc. as Landlord may specify)additional insureds under such policies) prior to the applicable vendor or service provider providing any services to Tenant at the Project.

Tenant’s Repairs. TenantExcept as expressly provided in Subparagraph A above, Tenant shall, at its own cost sole cost, keep and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to maintain the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the entire Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and window frames, plate glass doorsglass, any special office entryglazing, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boardsskylights, truck doors, dock bumpersdoors and all door hardware, pavingthe walls and partitions, plumbing work and fixturesthe electrical, sewer linesplumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair' shall include replacements, restorations and/or renewals when necessary as necessary well as painting. Tenant's obligation shall extend to keep all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Tenant shall not be responsible for any repairs or maintenance to the Premises and facilities in good, safe, operating condition or, if better, necessitated by (i) the condition that exists on negligence or willful misconduct of Landlord or its agents; (ii) the Effective Date hereof, failure of Landlord to perform any of Landlord's obligations under this Lease; or (iii) provide termite the occurrence of any damage or destruction or condemnation as provided in Paragraphs 16 and pest extermination 17, respectively, except as needed otherwise provided in Paragraph 16 below. Should Tenant fail to keep make repairs required of Tenant hereunder within thirty (30) days after receipt of written notice of the Premises free need thereof from insect and/or rodent infestationsLandlord to Tenant, or if such repairs cannot be made within such thirty (iv30) provide for regular removal of Tenant's trash day period, then such additional time as may be necessary to make such repairs provided Tenant has commenced such repairs within the thirty (30) day period and debrisis diligently pursuing the repairs to completion, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may, following written notice to Tenaxx, xxke the same, and proper disposal thereof in a licensed waste facilitythat event, and other cleaning and upkeep so Tenant shall reimburse Landlord as to keep Additional Rent for the Premises in a neat and reasonably clean and sanitary condition, reasonable cost 17 of such maintenance or repairs within fifteen (v15) keep the parking areas, driveways and alleys surrounding days after receipt of written demand from Landlord. Landlord shall have no maintenance or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected repair obligations whatsoever with respect to the Premises except with Landlord’s prior written approvalas expressly provided in Paragraphs 10.A, which 10.C and 11. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. Landlord shall not be unreasonably withheldliable for any damages arising from any act or neglect of any other tenant, subject to such termsif any, conditions and requirements as Landlord may specify)of the Buildings or the Parcel.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenants use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning (“HVAC”), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks (“Building Systems”). Tenant’s obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size (“Similar Facilities”) located within the area commonly known as the “1-40/RTP sub-market’ (the “Sub-Market”), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof“Service Contracts”): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant’s obligations under this Section shall be at Tenant’s sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. TenantLandlord, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense as provided in Paragraph 6, shall maintain in good repair and repair all parts condition the parking areas and other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided that with respect to the heating, ventilation and air conditioning (“HVAC”) systems Landlord shall complete such HVAC capital repairs and such HVAC capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such HVAC capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such HVAC repair or replacement multiplied by the cost of such HVAC capital expenditure or repair. Landlord shall pay for such HVAC capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord’s election, crane systemsby Landlord, rail spursin which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord’s request, dock boardsTenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in the Tenant Work Letter, Sections 7.2 and 11.1 below, and otherwise as expressly set forth in this Lease, Tenant shall, at its Tenant's own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the "Premises Systems"), crane systemsin a first-class condition; provided, rail spurshowever, dock boards, truck doors, dock bumpers, paving, plumbing work that if there is less than two (2) years remaining in the then current Term of this Lease and fixtures, sewer linesif there is a capital repair or replacement of a Premises System which costs in excess of One Hundred Thousand Dollars ($100,000.00) then Landlord shall effect such repair or placement and Tenant shall pay to Landlord, as Additional Rent, the amortized cost of the same based on the useful life of such Premises System. Tenant's obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in 843078.08/SD374622-00033/8-4-16/MLT/dek -21- GENESIS SSF - ONE TOWER PLACE[Achaogen, operating condition orInc.] this Lease, if betterit is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal of whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant's trash maintenance of the Premises Systems shall comply with the manufacturers' recommended operating and debrismaintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its commercially reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers' recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its commercially reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Notwithstanding the foregoing, at Landlord's option, or if Tenant fails to commence to make such repairs within thirty (30) days of Landlord's demand, or fails to diligently prosecute such repairs to completion, Landlord may, but need not, make such repairs and replacements, and proper disposal Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof in a licensed waste facility(to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and other cleaning if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Within thirty (30) days of Landlord's request, Tenant shall provide to Landlord a copy of the budget for maintenance, repairs and upkeep so as to keep replacements at the Premises in for the preceding calendar year, as well as a neat detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available replacements at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantLandlord, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense as provided in Paragraph 6, shall maintain in good repair and repair all parts condition the parking areas and other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, windowsalleys, glass landscape and plate glass doorsgrounds surrounding the Premises, any special office entrythe roof membrane, interior walls all base building systems serving multiple tenants (e.g., fire life/safety) up to the point of connection to the Premises and finish workall utility services and equipment up to the point of connection to Tenant’s separate meter, doors or if no such separate meter exists, then up to the point of connection to the Premises. Subject to Landlord’s obligation in Paragraph 10, this Paragraph 11 and floor coveringsubject to Paragraphs 9 and 15, downspoutsTenant, guttersat its expense, heating shall repair, replace and air conditioning systemsmaintain in good condition all portions of the Premises and all areas, mechanical systemsimprovements and systems exclusively serving the Premises including, electrical systems, crane systems, rail spurswithout limitation, dock boardsand loading areas, truck doors, dock bumpersplumbing, pavingwater and sewer lines up to points of common connection, plumbing work fire sprinklers and fixturesfire protection systems, sewer linesentries, as necessary to keep doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems exclusively serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises and facilities in good, safe, operating condition shall be maintained at Tenant’s expense pursuant to maintenance service contracts for the HVAC units entered into by Tenant or, if betterTenant has failed to maintain such service contracts then at Landlord’s election, Landlord may maintain such contracts, in which case the condition costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be consistent with the requirements of Addendum 2 to this Lease. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may, after notice to Tenant and the expiration of a reasonable cure period, perform such work (provided any entry will be in strict accordance with Paragraph 19) and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Subject to Landlord’s obligations under Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, the Building Systems of the Premises along with all entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, the interior side of demising walls. Such repair and other cleaning replacement may include capital expenditures and upkeep so as repairs whose benefit may extend beyond the Term. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing maintain the Premises (excluding Landlord’s maintenance and repair obligations under Section 13 above), Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 30 days after demand therefor; provided, however, that no rail spur if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Repairs required as the result of fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18. Tenant’s obligation to maintain the Building Systems of the Premises in good condition shall include, without limitation, any and all required servicing, repairs, maintenance and replacements. In addition, Tenant shall, at its expense, implement and strictly comply with (i) any maintenance program reasonably required by Landlord including, without limitation, maintaining service will be connected contracts with vendors reasonably acceptable to Landlord, and (ii) the recommendations contained in any inspections reports obtained from time to time by Landlord and/or Tenant with respect to the Premises except Building and Building Systems. Tenant shall, upon written request from Landlord from time to time, provide Landlord with Landlord’s prior a written approval, which shall not be unreasonably withheld, subject summary of the maintenance and other work undertaken by Tenant in order to such terms, conditions and requirements as Landlord may specify)comply with the provisions of this Section 14.

Tenant’s Repairs. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in goodall areas, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs improvements and replacements to systems exclusively serving the Premises and the systems serving the Premises, including, but not limited towithout limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord’s election, crane systemsby Landlord, rail spursin which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible, dock boardsbeyond any applicable notice and cure periods, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer linesTenant shall bear the full cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant, as necessary its agents, contractors, or invitees and any repair that benefits only the Premises. Notwithstanding anything contained herein to keep the contrary, Landlord shall warrant any repairs or replacements to the heating, ventilation and air conditioning systems and equipment related thereto servicing the Premises and facilities in goodfor a period of 6 months from the Commencement Date; provided, safehowever, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide such warranty shall not be effective for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding any repairs or adjacent replacements necessitated due to the Premises in a cleanmisuse of, safe and sanitary condition free lack of all refusemaintenance by, debrisor damages caused by, equipment and other materials of Tenant, its employees, contractors, agents, contractorssubtenants, invitees and licenseesor invitees. Notwithstanding the foregoing, and (vi) if Tenant desires railroad spur track service and shall continue to be responsible for the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing such heating, ventilation and air conditioning systems and equipment related thereto during such warranty period and thereafter during the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)Lease Term.

Tenant’s Repairs. Tenant(a) Subject to Landlord’s obligation in Xxxxxxxxx 00, Xxxxxx, at its own cost and sole expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading equipment, dock doors, plumbing, water, and sewer lines in good, safe, operating condition or, if better, the condition that exists on interior of the Effective Date hereof, (ii) promptly make all necessary repairs and replacements Building up to the Premises and exterior of the systems serving the PremisesBuilding, includingentries, but not limited todoors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems, and other interior portions of the building and mechanical systemssystems (e.g. electrical, electrical systemsexhaust fans, crane systemsand warehouse heaters, rail spursif any) serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Maintenance and repair of the heating, dock boards, truck doors, dock bumpers, paving, plumbing work ventilation and fixtures, sewer lines, as necessary to keep air conditioning systems and other mechanical and building systems serving the Premises and facilities in good, safe, operating condition shall be at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, if betterTenant fails to maintain such service contracts, the condition that exists on the Effective Date hereof, by Landlord (iii) provide termite but at Tenant’s expense). The scope of services and pest extermination as needed contractors under such maintenance contracts shall be subject to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, subject provided Tenant shall not then be in default of any term or provision of this Lease, in the event Tenant shall be required to perform repairs to or replacement of the HVAC system during the first two (2) years of the original Term, and the cause of such termsrepair or replacement was not due to the negligent or intentional act or omission of Tenant, conditions its employees, agents or contractors, Landlord agrees to pay for and requirements make the repair or replacement in a timely manner with equipment and parts of equal quality and capacity as originally installed. Thereafter, provided Tenant shall not then be in default of any term or provision of this Lease, in the event Tenant shall be required to perform repairs or replacement to the HVAC system, Landlord may specifyagrees to contribute one hundred percent (100%) of the cost of repairs and replacement which in the aggregate per year exceed Fifteen Thousand and 00/100 Dollars ($15,000.00). Tenant shall furnish Landlord with proof of said repair and payment thereof, whereupon Landlord will reimburse Tenant all such costs in excess of Fifteen Thousand and 00/100 Dollars ($15,000.00). For purposes of this paragraph only, the definition of “repairs” specifically excludes routine maintenance required in connection with the HVAC system, which routine maintenance shall be at Tenant’s expense pursuant to maintenance service contracts, as described in the immediately preceding paragraph.

Tenant’s Repairs. Tenant, a. Tenant shall at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense keep and maintain and repair all parts of the Premises and keep them (except those for which Landlord is expressly responsible under the terms of this Lease) in goodgood condition, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make making all necessary repairs and replacements to the Premises and the systems serving the Premisesreplacements, including, including but not limited to, windows, glass and plate glass glass, doors, any special office entry, interior walls and finish work, doors floors (including the concrete flooring, except for damage to be repaired by Landlord set forth in Paragraph 5 above) and floor covering, downspouts, gutters, heating and air conditioning and ventilation systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer linestermite and pest extermination, as necessary regular removal of trash and debris. Such repairs and replacements may include capital expenditures and repairs whose benefit may extend beyond the Term of this Lease. Notwithstanding anything to keep the contrary set forth in this Lease, Tenant shall not be required to replace the air conditioning in the warehouse area of the Premises (including the test area that is restored to warehouse area) or to deliver the air conditioning in the warehouse area (including the test area that is restored to warehouse area) of the Premises in good working order at the end of the Term; but Tenant shall be required to deliver the heating units in the warehouse area (including the test area that is restored to warehouse area) of the Premises in good working order. Further, Tenant shall be entitled to use air the conditioning units in the warehouse and test areas of the Premises and facilities components and parts in good, safe, operating condition or, if better, such air conditioning units to repair and/or replace the condition air conditioning units in the office area of the Premises; provided that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of foregoing shall not diminish or affect Tenant's trash and debris, and proper disposal thereof obligation to deliver the heating units in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free warehouse area of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, including the test area that no rail spur service will be connected is restored to the Premises except with Landlord’s prior written approval, which warehouse area) in good working order. In Tenant shall not be unreasonably withheldobligated to repair any damage caused by fire, subject tornado or other casualty covered by the insurance to such termsbe maintained by Landlord pursuant to subparagraph 12(a) below, conditions and requirements as Landlord may specify)except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.

Tenant’s Repairs. Subject to the terms of Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass interior walls, and plate glass doorsthe interior side of demising walls. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require that Tenant also repair, replace and maintain, at Tenant’s expense, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep equipment located within the Premises and/or mechanical systems that exclusively serve the Premises. Tenant’s maintenance obligations under this Section 14 shall include the procurement and facilities maintenance of contracts, in goodform and substance reasonably satisfactory to Landlord, safewith copies to Landlord upon Landlord’s written request, operating condition or, if betterfor and with contractors reasonably acceptable to Landlord. Notwithstanding anything to the contrary contained herein, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed scope of work of any such contracts entered into by Tenant pursuant to keep this paragraph with respect to any equipment and/or mechanical systems serving the Premises free from insect shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as systems. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approvalif such failure by Tenant creates or could create an emergency, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Section 7.2 and to the provisions of Articles 11 and 13 below, Tenant shall, at its Tenant’s own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings therein (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay the entirety of the cost of the obtaining including all components and maintenance of any spur track servicing equipment and systems located within the Premises (providedthat provide distribution from the Base, however, that no rail spur service will be connected Shell and Core systems and equipment to the Premises Premises), in good order, repair and condition at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of Tenant under this Lease. In connection with Landlordsuch repair obligations, Tenant shall, at Tenant’s own expense but subject to the prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such termsrepairs within a reasonable period of time and after Landlord has notified Tenant of its intention to do so, conditions Landlord may, but need not, make such repairs and requirements replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the Premises in accordance with the provisions of Article 23 below, to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may specify)be required by applicable laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1, including, performing any non-emergency work outside of the Business Hours to the extent commercially practicable and not typically performed by Landlord during the Business Hours.

Tenant’s Repairs. Tenant, at its own cost The Tenant shall repair and expense, shallmaintain the Leased Premises in good order and condition, except for those structural items specifically reasonable wear and tear, the maintenance and repairs required to be maintained by of Landlord under Paragraph 4A hereof (subject to pursuant hereto, and maintenance or replacement necessitated as the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts result of the Premises and keep them in good, safe, operating condition or, if better, act or omission or negligence of the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of TenantLandlord, its employees, agents, or contractors. Tenant's Alterations. The Tenant shall have the right, invitees at its sole expense, from time to time, to redecorate the Leased Premises and licensees, to make such non-structural alterations and (vi) if changes in such parts thereof as the Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (shall deem expedient or necessary for its purposes; provided, however, that no rail spur service such alterations and changes shall neither impair the structural soundness nor diminish the value of the Leased Premises. The Tenant may make structural alterations and additions to the Leased Premises provided that Tenant has first obtained the consent thereto of the Landlord in writing. The Landlord agrees that it shall not withhold such consent unreasonably. The Landlord shall execute and deliver upon the request of the Tenant such instrument or instruments embodying the approval of the Landlord which may be required by the public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, changes and/or installations in, to or upon the Leased Premises and the Tenant agrees to pay for such licenses or permits. The parties understand that a portion of the Leased Premises requires environmental remediation, and the Tenant anticipates that it will undertake such remediation and will be connected responsible therefore as if it were a structural alteration or addition set forth above. Permits and Expenses. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each Party hereto shall give written notice to the other party of any repairs required of the other pursuant to the provisions of this Article and the party responsible for said repairs agrees promptly to commence such repairs and to prosecute the same to completion diligently, subject, however, to the delays occasioned by events beyond the control of such party. Each party agrees to pay promptly when due the entire cost of any work done by it upon the Leased Premises except so that the Leased Premises at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to all governmental requirements and perform such terms, conditions work in a good and requirements as Landlord may specify)workmanlike manner.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the systems serving extent accessible to Tenant) of the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably clean and sanitary conditionsatisfactory to Landlord, (v) keep who shall have commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in or the Premises Systems required by law. Notwithstanding the foregoing, 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 cleanpercentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, safe and sanitary condition free of all refusegeneral conditions, debris, equipment fees and other materials of costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Xxxxxx has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, its employees, agents, contractors, invitees to procure and licenseesmaintain any or all of such service contracts, and (vi) if Landlord so elects, Tenant desires railroad spur track service shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the same is available Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantSubject to Section 7.2 and Article 24, Tenant shall, at its Tenant's own cost and expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the interior nonstructural portions of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, reasonable wear and tear and damage caused by casualty (which shall be governed by the terms of Article 11 below) excepted. In addition, subject to Section 7.2 below, Tenant shall, except for those structural items specifically required to be maintained by Landlord at Tenant's own expense, but under Paragraph 4A hereof (the supervision and subject to the requirements therein for Tenant prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to repair the same if the damage is caused by Tenant’s fault) (i) maintain terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the systems serving reasonable control of Tenant, and (ii) damage by fire or other casualty (which shall be governed by the Premisesterms of Article 11 below); provided however, includingthat, 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 established for the Building and/or the Project) sufficient to reimburse Landlord (or Landlord's property manager's) for all overhead, general conditions, fees and other costs or expenses arising from Landlord's (or Landlord's property manager) involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not limited be required to, windowsupon reasonable prior notice, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep enter the Premises and facilities in goodat all reasonable times to make such repairs, safealterations, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding improvements or adjacent additions to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected or to the Premises except with Landlord’s prior written approval, which Project or to any equipment located in the Project as Landlord shall not be unreasonably withheld, subject to such terms, conditions and requirements desire or deem necessary or as Landlord may specify)be required to do by governmental or quasi-governmental authority or court order or decree.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Section 7.2 below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Article 11 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Section 7.1 and the provisions of Section 8.2 below, keep the Building and every part thereof, including, without limitation, all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building’s Systems and Equipment located within the Building and the HVAC equipment on the roof of the Building), all walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in first-class order, repair and condition at all times from and after the Original Premises Delivery Date and continuing throughout the Lease Term, it being acknowledged and agreed that notwithstanding anything in the foregoing to the contrary, Tenant’s repair and maintenance obligations described hereinabove with respect to the interior of the Must-Take Space and the Building’s Systems and Equipment exclusively serving the Must-Take Space shall not commence until the Must-Take Space Delivery Date (unless and to the extent such maintenance and repairs are necessitated in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, employees or invitees, in which event Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs); provided, however, if and to the extent such maintenance and repairs are caused by the negligence or willful misconduct of, or omission of any duty by, Landlord, its agents, employees or contractors and the same is not covered by insurance maintained or required to be maintained by Tenant under this Lease, Landlord shall pay to Tenant the reasonable cost of such maintenance and repairs within thirty (30) days after Landlord’s receipt of invoices and paid receipts therefor. Tenant’s repair obligations under this Section 7.1 shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove, notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Tenant shall be required to obtain Landlord’s prior written approval (which approval shall not be unreasonably withheld or conditioned, and shall be granted or reasonably denied within ten (10) business days after Landlord’s receipt of Tenant’s request for such approval, together with all other information reasonably requested by Landlord pertaining thereto) with respect to repairs and/or replacements which are likely to: (i) adversely affect the roof, the HVAC equipment thereon and/or the elevators; (ii) adversely affect of any of the structural components of the Building; (iii) materially and adversely affect of any of the Building’s Systems and Equipment; (iv) affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) affect the Must-Take Space prior to the Must-Take Space Delivery Date (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Article 11 below regarding casualty damage to the Building). If (A) Landlord provides written notice to Tenant of the need for repairs and/or maintenance which are Tenant’s obligation to perform under this Lease, and (B) Tenant fails to undertake such repairs and/or maintenance within thirty (30) days after receipt of such notice, or such longer time as is reasonably necessary if more than thirty (30) days are reasonably required to complete such repairs and Tenant commences such repairs within such 30-day period and thereafter diligently attempts to complete same (provided that in cases of emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project, Tenant shall have only one (1) business day after receipt of such notice, or such later period of time as is reasonably necessary, to commence such corrective action), then Landlord may proceed to undertake such repairs and/or maintenance upon delivery of an additional three (3) business days’ notice to Tenant that Landlord is taking such required action (but no such additional notice shall be required in the event of any such emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Tenant and are not performed by Tenant prior to the expiration of such additional 3-business day notice period (or after the initial notice period with respect to any such emergency involving imminent threat of serious injury or damage to persons or property at the Premises and/or Project), then Landlord shall be entitled to reimbursement by Tenant of Landlord’s actual, reasonable, and documented out-of-pocket costs and expenses paid by Landlord to third parties in performing such maintenance and/or repairs, such reimbursement to be made within thirty (30) days after Tenant’s receipt of invoice from Landlord setting forth such costs and expenses. Tenant shall, at its own cost and expense, enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors approved by Landlord, in Landlord’s reasonable discretion, for the maintenance and service of all of the items listed in this Section 7.1 above which Tenant is obligated to maintain. Within five (5) days after Tenant’s receipt of written request therefor, Tenant shall deliver to Landlord full and complete copies of all such contracts entered into by Tenant. Landlord hereby assigns to Tenant all warranties and guarantees, if any, in existence with respect to the items which are Tenant’s obligation to repair and maintain under this Section 7.1, which assignment shall be on a non-exclusive basis such that the warranties and guarantees may be enforced by Tenant and/or Landlord. Landlord shall, except for those structural items specifically required at no cost to be maintained by Landlord under Paragraph 4A hereof (subject Landlord, reasonably cooperate with Tenant in attempting to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, enforce any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect such warranties and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)guaranties.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs within ten (10) days after written notice, 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 established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant agrees to promptly notify Landlord or its own representative of any accidents or defects in the Building of which Tenant becomes aware, including defects in pipes, electrical wiring and HVAC equipment. In addition, Tenant shall provide Landlord with prompt notification of any matter or condition which may cause injury or damage to the Building or any person or property therein. Tenant shall maintain during the Lease Term, at Tenant’s sole cost and expense, shall, except for those structural items specifically required the Supplemental HVAC (as defined in Exhibit B) to be maintained installed by Landlord under Paragraph 4A hereof (subject pursuant to the requirements therein for Tenant terms of Exhibit B on a portion of the roof of the Building to repair the same if the damage is caused be designated by Landlord (“Roof Space”). The location and size of Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements Supplemental HVAC shall be approved by Landlord pursuant to the Premises terms of Exhibit B. Upon Tenant giving Landlord at least two (2) business days notice, Tenant and its contractors shall have the systems serving right to access the Premisesroof to perform such maintenance, includingand a representative of Landlord shall have the right to accompany such persons and be present during such maintenance activities. Tenant shall indemnify, but not limited todefend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, windowsdemands, glass liabilities, damages, judgments, costs and plate glass doorsexpenses (including reasonable attorneys’ fees) Landlord may suffer or incur arising out of or related to the operation, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect maintenance and/or rodent infestations, (iv) provide for regular removal replacement of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding ’s Supplemental HVAC or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)portion thereof.

Tenant’s Repairs. Subject to Section 13 and Section 18 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in goodPremises, safeincluding, operating condition orwithout limitation, if betterentries, doors, ceilings, interior windows, interior walls, the condition that exists on the Effective Date hereofinterior side of demising walls, (ii) promptly make all necessary repairs and replacements to the Premises and the building systems serving the Premises, includingincluding HVAC, but not limited toplumbing, windowsfire sprinklers, glass elevators and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep all other building systems serving the Premises and facilities in good, safe, operating condition or, if better, other portions of the condition that exists on the Effective Date hereof, Project (iii) provide termite and pest extermination as needed “Building Systems”). Should Tenant fail to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as make any such repair or replacement or fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 days after Tenant’s receipt of Landlord’s written notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after written demand therefor; provided, however, that no rail spur service will if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts for and with contractors reasonably acceptable to Landlord. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in the immediately preceding paragraph, for capital repairs and 743522686.11 Net Laboratory 10102 Xxxx Xxxx/Arrowhead - Page 14 replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume those Tenant Maintenance Obligations that are consistent with duties performed by Landlord or affiliates of Landlord at other landlord-managed single-tenant projects in the San Diego area, if Tenant does not cure Tenant’s failure within 30 days after receipt of such notice. Landlord shall identify the Tenant Maintenance Obligations to be assumed by Landlord in such notice. Notwithstanding anything to the contrary contained herein, if at any time during the Term Landlord assumes such Tenant Maintenance Obligations pursuant to the immediately preceding sentence, the administration rent (or, if applicable, the costs of Landlord’s third party manager) shall be increased to 3% of Base Rent. Tenant shall cause any vendors and other service providers providing regular service at the Project (including, service providers hired by Tenant to perform services with respect to the Building Systems or to perform janitorial services with respect to the Premises) hired by Tenant to perform services at the Premises or the Project to maintain in effect workers’ compensation insurance as required by Legal Requirements and reasonable commercial general liability insurance with coverage amounts reasonably acceptable to Landlord. Tenant shall cause such vendors and service providers to name Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies and shall provide Landlord with certificates of insurance evidencing the required coverages (and showing Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies) prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)the applicable vendor or service provider providing any services to Tenant at the Project.

Tenant’s Repairs. SECTION 6. Tenant shall make all repairs and alterations to the property which Tenant is required to maintain, as hereinafter set forth, which may be necessary to maintain the same in as good repair and condition as the same are in on the date of the term of this lease commences or which may be required by any laws, ordinances or regulations of any public authorities having jurisdiction,reasonable wear and tear and damage by the casualties and events described in Section 9 of this lease excepted. Upon the expiration or other termination of the term of this lease, Tenant shall remove its goods and effects and those of all persons claiming under it and shall yield up peaceably to Landlord the demised premises with so much of the same as Tenant is obligated to maintain pursuant to the provisions of this Section 6 in as good repair and condition as the same were in on the commencement date, reasonable wear and tear and damage by the casualties and events described in Section 9 of this lease excepted. However, notwithstanding anything in this lease contained to the contrary, Landlord, not Tenant, at its own cost shall make all repairs and expense, shall, except for those structural items specifically alterations to the property which Tenant is required to maintain which may be maintained required as the result of repairs, alterations, other improvements or installations made by Landlord under Paragraph 4A hereof (subject or Landlord's agents. The property which Tenant is required to maintain is the requirements therein interior of the demised premises, including, without limitation, all glass, windows and doors, and all utilities conduits, fixtures and equipment within the demised premises serving the demised premises exclusively, but excluding all property which Landlord is required to maintain as below provided. Tenant shall also be responsible for Tenant to the maintenance and repair of the heating, ventilating and air conditioning systems used in the demised premises including replacement of the same if deemed necessary in the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrisopinion. In addition, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep Tenant shall be responsible for maintaining the Premises in a neat and reasonably clean and sanitary condition, (v) keep sprinkler system inside the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)demised premises.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as the interior side of demising walls. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 business days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that no rail spur service will if such failure by Xxxxxx creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with Landlordcopies to Landlord upon Xxxxxxxx’s prior written approvalrequest, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Xxxxxx’s written request, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is responsible under this paragraph. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Xxxxxx is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. At Tenant's expense as provided in Xxxxxxxxx 0, at its own cost Xxxxxxxx shall maintain in good repair and expensecondition the roof membrane, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraph 11, and subject to Paragraphs 10 and 16, Tenant, at its expense, shall repair, replace and maintain in good condition all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, windows, glass and plate glass doorsthe heating, any special office entryventilation, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemsunits serving the Premises (the “HVAC”), mechanical systemsand interior walls, electrical systemswhich repair and replacement obligations include capital repairs or capital replacements whose benefit may extend beyond the Expiration Date. The HVAC systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant in accordance with Exhibit E to this Lease. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any maintenance, crane systemsrepair, rail spursor replacement for which it is responsible, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 15 days after written demand. Subject to Paragraphs 10 and 16, sewer linesTenant shall bear the cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant, as necessary its agents, contractors, or invitees, or Tenant’s failure to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep maintain the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent accordance with this Lease. Notwithstanding anything contained herein to the contrary, Landlord shall warrant any repairs or replacements to the heating, ventilation and air conditioning systems and equipment related thereto servicing the Premises in for a cleanperiod of 6 months from the Commencement Date; provided, safe and sanitary condition free however, that such warranty shall not be effective for any repairs or replacements necessitated due to the misuse of, lack of all refusemaintenance by, debrisor damages caused by, equipment and other materials of Tenant, its employees, contractors, agents, contractorssubtenants, invitees and licenseesor invitees. Notwithstanding the foregoing, and (vi) if Tenant desires railroad spur track service and shall continue to be responsible for the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing such heating, ventilation and air conditioning systems and equipment related thereto during such 6 -month period and thereafter during the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)Lease Term.

Tenant’s Repairs. TenantLandlord, at its own cost Tenant's expense as provided in Paragraph 6, shall maintain in good repair and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to condition the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings and roof membrane, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. In this regard, Landlord agrees to assign to Tenant or otherwise make available to Tenant all construction guaranties and warranties issued in favor of Landlord relative to any Building components or systems which are maintained by Tenant under the terms hereof. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord's election, crane systemsby Landlord. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, rail spursTenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within ten (10) days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay . Landlord shall bear the entirety full cost of repair or replacement to any part of the cost Building that results from damage caused by Landlord, its agents, contractors or invitees due to negligence of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantLandlord, at its own cost Tenant's expense as provided in Paragraph 6, shall maintain in good repair and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to condition the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term, provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord's election, crane systemsby Landlord, rail spursin which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, dock boardsTenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Save and except for the one-year guaranty against defective materials and workmanship or other guaranties provided for in Section 2.4 hereof, and the completion of incomplete items provided for in Section 2.5 hereof, Tenant, at its own sole cost and expense, shallthroughout the term of this Lease, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof shall take good care of the Demised Premises (subject to including any improvements hereafter erected or installed on the requirements therein for Tenant to repair Land), and shall keep the same if the damage is caused by Tenant’s fault) (i) maintain in good order, condition and repair repair, and irrespective of such guaranty shall make and perform all parts of the Premises routine maintenance thereof and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entrythereto, interior walls and finish workexterior, doors structural and floor coveringnonstructural, downspoutsordinary and extraordinary, guttersforeseen and unforeseen, heating of every nature, kind and air conditioning systemsdescription. When used in this Article VIII, mechanical systems"repairs" shall include all necessary replacements, electrical systemsrenewals, crane systemsalterations, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work additions and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (betterments; provided, however, that no rail spur service will if (a) Tenant properly, regularly, and continuously maintains the roof, Building, foundation, and load-bearing walls in good condition, (b) the roof structure or the structural elements of the foundation, exterior walls, or load-bearing walls (each a "Structural Item") fail, or otherwise require replacement, and (c) such failure or need is not due to Tenant's use, Tenant's alterations, or casualty, then Landlord agrees to replace the Structural Item as necessary. The costs, fees and expenses of any such replacement (each a "Replacement Cost") shall be connected amortized on a straight-line basis over the useful life of the replaced item, as reasonably determined by Landlord, using applicable guidelines provided by GAAP, taking into account interest at the rate of 8% per annum. Tenant shall pay Landlord equal monthly payments of the monthly amortized amount of the Replacement Cost, with interest as provided in this Section, beginning 30 days after Landlord's invoice and continuing on the first day of each calendar month thereafter throughout the Term of the Lease, as it may be extended. All repairs made by Tenant shall be at least equal in quality to the Premises except original work and shall be made by Tenant in accordance with Landlord’s prior written approvalall laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall not be unreasonably withheld, subject in any event make all repairs necessary to such terms, conditions and requirements as Landlord may specify)avoid any structural damage or other damage or injury to the Improvements.

Tenant’s Repairs. TenantThe Tenant shall at all times during the Term, at its own cost and expense, repair, maintain, operate and keep the Leased Premises, all equipment, fixtures and mechanical systems (including heating, ventilating and air-conditioning systems) within the Leased Premises or elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and any improvements now or hereafter made to the Leased Premises in good order, firstclass condition and repair (reasonable wear and tear and repairs which are the Landlord's responsibility pursuant to Article 5.06 hereof only excepted) in accordance with the statutory building scheme registered against title to the Lands and without limiting the generality of the foregoing, the Tenant shall, except for those structural items specifically required during the Term, cause such good management and care to be maintained by Landlord under Paragraph 4A hereof (subject taken of the Leased Premises and various parts thereof that no material injury to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain shall occur and repair all parts of the Premises and keep them in goodwater closets, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutterssinks, heating and air air-conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep ventilating apparatus located in the Leased Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof shall be maintained in a licensed waste facilitystate of efficient and good working order. The Tenant shall be responsible for all such maintenance, repairs, replacements and other cleaning such decorating and upkeep shall promptly with due diligence, at its sole expense, carry out any and all of the foregoing. The Tenant shall be responsible for all janitorial services respecting the Leased Premises (including the washing of windows therein) so as to keep the Leased Premises in a neat and reasonably clean and sanitary tidy condition, (v) keep . The Landlord shall arrange to have the parking areas, driveways and alleys surrounding or adjacent to outside of the Premises in exterior windows washed twice a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of year with the cost of such cleaning to be included in Additional Rent. Notwithstanding the obtaining foregoing provisions of this Section 5.01, if the Building is primarily used for office purposes, the task of repairing, maintaining and maintenance operating the heating, ventilating and air-conditioning systems and other building standard equipment and mechanical systems within or serving the Leased Premises shall be the responsibility of any spur track servicing the Premises Landlord (provided, however, that no rail spur service will be connected save only to the Premises except with Landlord’s prior written approvalextent that any such equipment or systems are installed by or for the sole use of the Tenant) and the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, which shall not as the case may be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)hereunder.

Tenant’s Repairs. Landlord shall maintain in good repair and condition all parts of the Premises and the parking areas, driveways, alleys, spur tracks, and landscape and grounds surrounding the Premises. Such maintenance shall be at Tenant's cost and expense except as to those repairs for which Landlord is responsible under Paragraph 10. If Tenant leases less than the entire Project, Tenant shall only be responsible for its Proportionate Share of the costs of maintaining any items outside its Premises. Landlord shall at Tenant's expense maintain the heating and air conditioning and other mechanical systems and components of the Premises, including lighting, electrical systems, and plumbing lines and equipment. Tenant shall reimburse Landlord for all such costs and expenses in accordance with the provisions of Paragraph 6 above, except to the extent such repairs and replacements are covered by insurance on the Project under policies naming Landlord as the insured. Landlord may at any time upon Tenant's prior written consent which shall not be unreasonably withheld require Tenant to assume the maintenance and repair obligations set forth in this paragraph as they relate to the Premises. In such case, Tenant, at its own cost and expense, shall, except for those structural items specifically required shall enter into and deliver to be maintained Landlord maintenance service contracts reasonably acceptable to Landlord with a contractor(s) approved by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, guttershot water, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facilityconditioning, and other cleaning mechanical systems and upkeep equipment within or serving the Premises. The service and maintenance contract(s) must include all services required by Landlord and must become effective within 30 days after Landlord's request. In the event Tenant does not so as deliver the service contract(s), Landlord shall have the right to keep contract for said service upon 48 hours prior written notice to Tenant, and Tenant shall upon demand reimburse Landlord for the Premises in a neat full cost thereof. Subject to the provisions of Paragraphs 9 and reasonably clean 15, Tenant shall repair and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent pay for any damage to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of or the Project caused by Tenant or Tenant, its 's employees, agents, contractorsor invitees, invitees or caused by Tenant's default hereunder, reasonable wear and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)tear excepted.

Tenant’s Repairs. Except for the one-year guaranty against defective materials and workmanship provided for in Section 2.4, the completion of incomplete items provided for in Section 2.5 and the performance of Landlord's obligations under Section 8.2, and subject to Section 13 and Section 14, Tenant agrees, at its sole cost, to maintain the Premises, all parts thereof, all loading docks contiguous thereto and all Tenant's signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of like kind and quality. Tenant, at its own cost sole cost, shall also: keep any garbage removed on a regular basis and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of temporarily stored in the Premises or in exterior dumpsters approved by Landlord; maintain, repair, and keep them in good, safe, operating condition or, if better, replace the condition that exists on the Effective Date hereof, mechanical systems (iiincluding HVAC) promptly make and all necessary repairs and replacements to the Premises and the systems utility lines serving the Premises, includingincluding those beneath the slab and within the exterior or demising walls; keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the Premises; and maintain a contract with a licensed and bonded mechanical contractor reasonably acceptable to Landlord for the repair and maintenance of the heating, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep equipment serving the Premises in a neat accordance with the recommendations of manufacturers and reasonably clean suppliers. When used in this Section 8, the term "repair" shall include making all necessary replacements, renewals, alterations and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent additions. All repairs shall be at least equal in quality to the Premises original work and shall be made by Tenant in a cleanaccordance with all applicable laws, safe ordinances and sanitary condition free regulations. If Tenant fails to perform any of all refuseits obligations under this Section 8.1 within the cure period specified in Section 11.2, debrisLandlord may, equipment in addition to exercising any other remedies provided herein, perform such repairs or maintenance. Any sums expended by Landlord in performing such repairs or maintenance shall be due and other materials payable, together with interest thereon at the Agreed Rate from the date of expenditure by Landlord to the date of repayment by Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety within 10 days after Tenant's receipt of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior 's written approvalrequest for reimbursement, which request shall not be unreasonably withheld, subject to accompanied by reasonable evidence of such terms, conditions and requirements as Landlord may specify)costs.

Tenant’s Repairs. TenantTenant shall at all times during the Lease Term keep the Premises (including maintenance of exterior entrances, at its own cost including all glass and expenseshow window moldings) and all partitions, shalldoors, door jambs, door closures, door hardware, fixtures, equipment and appurtenances thereof (including electrical, lighting, heating and plumbing, and plumbing fixtures, and any heating, ventilation, and air conditioning (“HVAC”) systems and equipment, including leaks around ducts, pipes, vents, or other parts of the HVAC or plumbing systems or equipment which protrude through the roof) in good order, condition and repair including replacements (including reasonable periodic interior painting as determined by Landlord), except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof ordinary wear and tear (subject the parties acknowledging that repair of damage or destruction to the requirements therein for Premises shall be governed by Article 9 below). Tenant shall also repair any damages to repair the same if Premises resulting from Tenant's negligent acts or omissions or anyone acting by or through or claiming under Tenant as a result of the damage is caused failure of Tenant or any one claiming under Tenant, and perform or observe the covenants or conditions in this Lease contained or resulting from alterations, additions or improvements to the Premises made by Tenant or anyone claiming under or acting by or through Tenant’s fault) (i) . Tenant shall also at all times keep and maintain the roof, landscaping, walls, footings, foundations and repair all parts structural components of the Premises and all equipment thereon in the same condition and order of repair as exists as of the date of this Lease, except for ordinary wear and tear, and shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, thereto which may be required in order to keep them and maintain such items in the order and condition required by this Section. Tenant shall do or cause others to do all shoring of the Premises or of foundations and walls of the Building and other improvements and every other act necessary or appropriate for preservation and safety thereof, by reason of or in connection with any excavation or other building operation upon any of the Premises, whether or not Landlord shall, by reason of any Laws or insurance requirements, be required to take such action or be liable for failure to do so. Tenant shall maintain reasonable records of its maintenance and repair of HVAC systems and equipment, and within ten (10) business days provide copies thereof to Landlord upon Landlord’s request. For purposes of establishing a “baseline” condition of the Building, the parties acknowledge that that certain Building Observation Report dated June 16, 2015, and prepared by XX Xxxxxx Consulting Engineers fairly represents the condition of the Building as of the Commencement Date of this Lease. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, safeproper and workmanlike manner. If any portion of the Premises shall violate any Laws or insurance requirements and as a result of such violation enforcement action is threatened or commenced against Tenant or Landlord or with respect to the Premises, operating condition orthen Tenant, if betterat the request of Landlord, shall either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such violation, whether the condition that exists on the Effective Date hereofsame shall affect Landlord, Tenant or both, or (ii) promptly make take such action as shall be necessary to remove such violation, including, if necessary, any Alteration. If Tenant shall be in default under any of the provisions of this Article, Landlord may after thirty (30) days’ written notice given to Tenant and failure of Tenant to cure during said period, but without notice in the event of an emergency, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Tenant. In the event of an emergency Landlord shall notify Tenant of the situation by phone or other available communication. All reasonable sums so paid by Landlord and all necessary repairs reasonable costs and replacements expenses (including, without limitation, attorneys’ fees and expenses) so incurred, together with interest thereon at the Default Rate defined below from the date of payment or incurring the expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Tenant shall from time to time replace with other operational equipment or parts (the “Replacement Equipment”) any of the existing equipment at the Premises (the “Replaced Equipment”) which shall have become worn out or unusable for the purpose for which it is intended, been taken by a Taking as provided below, or been lost, stolen, damaged or destroyed. Tenant shall repair at its sole cost and expense all damage to the Premises and caused by the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash existing equipment or Replaced Equipment or other personal property of Tenant or the installation of Replacement Equipment. All Replacement Equipment shall become the property of Landlord, shall be free and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free clear of all refuse, debris, equipment liens and other materials rights of Tenant, its employees, agents, contractors, invitees others and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety shall become a part of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Equipment as Landlord may specify)if originally demised herein.

Tenant’s Repairs. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in goodall areas, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs improvements and replacements to systems exclusively serving the Premises and the systems serving the Premises, including, but not limited towithout limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Capital expenditures and repairs to the foregoing whose benefit may extend beyond the Lease Term shall be the responsibility of Landlord, subject to reimbursement by Tenant with monthly payments in accordance with the Formula (defined below) in the same manner as Operating Expenses. The “Formula” shall mean that number, the numerator of which shall be one (1) and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord its amortized share of same (determined as hereinabove set forth) on monthly basis in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired or the Lease has terminated under such extension, whichever is first to occur. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord’s election, crane systemsby Landlord, rail spursin which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord’s request, dock boardsTenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Except for the one-year guaranty against defective materials and workmanship provided for in Section 2.4, and the completion of incomplete items provided for in Section 2.5, and subject to Section 13 and Section 14, Tenant agrees, at its sole cost, to maintain the Premises, all parts thereof, all loading docks contiguous thereto and all Tenant's signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of like kind and quality. Tenant, at its own cost sole cost, shall also: keep any garbage removed on a regular basis and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of temporarily stored in the Premises or in exterior dumpsters approved by Landlord; maintain, repair, and keep them in good, safe, operating condition or, if better, replace the condition that exists on the Effective Date hereof, mechanical systems (iiincluding HVAC) promptly make and all necessary repairs and replacements to the Premises and the systems utility lines serving the Premises, includingincluding those beneath the slab and within the exterior or demising walls; keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the Premises; and maintain a contract with a licensed and bonded mechanical contractor reasonably acceptable to Landlord for the repair and maintenance of the heating, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep equipment serving the Premises in a neat accordance with the recommendations of manufacturers and reasonably clean suppliers. When used in this Section 8, the term, "repair" shall include making all necessary replacements, renewals, alterations and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent additions. All repairs shall be at least equal in quality to the Premises original work and shall be made by Tenant in a cleanaccordance with all applicable laws, safe ordinances and sanitary condition free regulations. If Tenant fails to perform any of all refuseits obligations under this Section 8.1, debrisLandlord may, equipment in addition to exercising any other remedies provided herein, perform such repairs or maintenance. Any sums expended by Landlord in performing such repairs or maintenance shall be due and other materials payable, together with interest thereon at the Agreed Rate from the date of expenditure by Landlord to file date of repayment by Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety within 10 days after Tenant's receipt of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior 's written approvalrequest for reimbursement, which request shall not be unreasonably withheld, subject to accompanied by reasonable evidence of such terms, conditions and requirements as Landlord may specify)costs.

Tenant’s Repairs. Tenant(a) Subject to Landlord’s obligation in Paragraph 10 and/or elsewhere in this Lease, Tenant at its own cost and sole expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain in good condition and repair in compliance with all parts Legal Requirements all portions of the Premises and keep them in goodall areas, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs improvements and replacements to systems exclusively serving the Premises and the systems serving the Premises, including, but not limited towithout limitation, equipment and loading areas, plumbing, water, and sewer lines up to points of common connection, entries, doors, door frames, ceilings, windows, glass and plate glass doors, any special office entrywindow frames, interior walls walls, and finish workthe interior side of demising walls, doors and floor coveringheating, downspouts, gutters, heating ventilation and air conditioning systems, and other building and mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work systems serving the Premises. Such repair and fixtures, sewer lines, as necessary to keep replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. If a capital replacement of any currently existing element of the Premises is required then, provided that such capital replacement (i) was not necessitated by Tenant’s misuse, failure to perform ordinary repair and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof maintenance in a licensed waste facilitycommercially reasonable manner, or failure to timely comply with any of the terms of this Lease (it being understood that, subject to Section 9(c), Tenant shall solely be responsible for the cost thereof if such capital replacement was necessitated by Tenant’s misuse, failure to perform ordinary repair and other cleaning and upkeep so as to keep the Premises maintenance in a neat and reasonably clean and sanitary conditioncommercially reasonable manner, (v) keep or failure to timely comply with any of the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free terms of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthis Lease), and (viii) if Tenant desires railroad spur track service is not with respect to any Tenant-Made Alterations, Landlord shall perform such capital replacement and the same is available cost thereof shall be amortized on a straight line basis (with interest at 8% per annum) over a period equal to the useful life thereof for federal income tax purposes, and Tenant shall pay such amortized payments to Landlord on the first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (and any extensions thereof). Within ten (10) days of the Commencement Date, Tenant, at Tenant’s expense, shall enter into maintenance service contracts for the maintenance and repair of the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (; provided, however, that no rail spur at Landlord’s written election (but at Tenant’s expense), Landlord shall have the right (but not the obligation) to enter into such maintenance service will contracts. The scope of services and contractors under such maintenance contracts maintained by Tenant shall be connected subject to the Premises except with Landlord’s prior written approval, which approval shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)conditioned or delayed.

Tenant’s Repairs. Tenant shall keep, maintain and make all repairs and replacement to preserve in good working order, condition, repair and cleanliness the Premises and every part thereof, all improvements, fixtures, furnishings and systems exclusively serving the Premises including without limitation, dock and loading areas exclusively serving the Premises, truck doors exclusively serving the Premises, plumbing and water and sewer lines within the Premises up to points of common connection, fire sprinklers and fire protections systems within the Premises, heating, ventilating and air conditioning units and systems exclusively serving the Premises whether located within or without the Premises, electrical and lighting facilities and equipment within the Premises and all other utility facilities and systems exclusively serving the Premises wherever located, and all fixtures, interior walls, interior surfaces of exterior walls, ceilings, roof membranes, windows, doors, cabinets, draperies, window coverings, carpeting and other floor coverings, plate glass and skylights located within the Premises. Heating, ventilation and air conditioning units and systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s sole expense pursuant to maintenance service contracts entered into by Tenant (which shall have been previously approved in writing by Landlord) or at Landlord’s election, by Landlord. At Landlord’s request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. Tenant shall, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, includingBuilding and Project which are required, but not limited toin the reasonable opinion of Landlord, windowsas a result of any misuse, glass and plate glass doorsneglect or damage committed or permitted by Tenant, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding ’s Agents or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials by any subtenant or assignee of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in Section 7.2 and to the provisions of Articles 11 and 13 below, Tenant shall, at its Tenant's own cost and expense, shallkeep the Premises and all portions thereof, including all improvements, fixtures, equipment and furnishings therein (including, without limitation, all non-Base, Shell and Core systems and equipment within the Premises, including all components and equipment and systems providing distribution from the Base, Shell and Core systems and equipment), in good order, repair and condition at all times during the Lease Term, except for those structural items ordinary wear and tear and casualty damage which is not specifically required to be maintained by Landlord made the responsibility of Tenant under Paragraph 4A hereof (this Lease. In connection with such repair obligations, Tenant shall, at Tenant's own expense but subject to the requirements therein for Tenant to repair the same if the damage is caused prior approval of Landlord (which approval shall not be unreasonably withheld or delayed), and within any reasonable period of time specified by Tenant’s fault) (i) maintain Landlord, promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and the systems serving the Premisesreplace or repair all damaged or broken fixtures and appurtenances; provided however, includingthat, at Landlord's option, or if Tenant fails to make such repairs within a reasonable period of time and after Landlord has notified Tenant of its intention to do so, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not limited be required to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep enter the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrisat all reasonable times, and proper disposal thereof upon reasonable prior notice to Tenant (or without notice in a licensed waste facilitycase of emergency), to make such repairs, alterations, improvements and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent additions to the Premises or to the Buildings or to any equipment located in a cleanthe Buildings as shall be necessary or desirable in connection with the first-class management and operation standards for the Buildings set forth herein, safe and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may be required by applicable laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected access to the Premises except with during Landlord’s prior written approval, which shall not be unreasonably withheld, subject 's entry into the Premises to perform such terms, conditions and requirements as Landlord may specify)work pursuant to the foregoing provisions of this Section 7.1.

Tenant’s Repairs. Tenant, at its own cost Subject to and expense, shall, except for those structural the items specifically required to be maintained by Landlord under Paragraph 4A hereof (which are Landlord’s repair obligations in Section 7.2 and subject to the requirements therein for provisions of Articles 11 and 13 below, Tenant to repair the same if the damage is caused by shall, at Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in goodown expense, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings in the Premises (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay including all components and equipment and systems providing distribution from the entirety Base, Shell and Core systems and equipment), in first-class order, condition and repair at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of the cost of the obtaining and maintenance of any spur track servicing the Premises (providedTenant under this Lease. In connection with such repair obligations, howeverTenant shall, that no rail spur service will be connected at Tenant’s own expense but subject to the Premises except with Landlord’s prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), 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 or broken fixtures and appurtenances; provided however, if Tenant fails to make such termsrepairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), conditions Landlord may, but need not, make such repairs and requirements as replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to five percent (5%) of such costs. Landlord may, but shall not be required to, enter the Premises (but except during emergencies, Landlord may specifynot enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least one (1) business day’s prior notice to Tenant (or without notice in case of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Tenant’s Repairs. TenantThe Tenant shall at all times during the Term, at its own cost and expense, repair, maintain, operate and keep the Leased Premises, all equipment, fixtures and mechanical systems (including heating, ventilating and air-conditioning systems) within the Leased Premises or elsewhere (if such equipment, fixtures or systems are provided for the use or benefit of the Leased Premises) and any improvements now or hereafter made to the Leased Premises in good order, firstclass condition and repair (reasonable wear and tear and repairs which are the Landlord's responsibility pursuant to Article 5.06 hereof only excepted) in accordance with the statutory building scheme registered against title to the Lands and without limiting the generality of the foregoing, the Tenant shall, except for those structural items specifically required during the Term, cause such good management and care to be maintained by Landlord under Paragraph 4A hereof (subject taken of the Leased Premises and various parts thereof that no injury to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain shall occur and repair all parts of the Premises and keep them in goodwater closets, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutterssinks, heating and air air-conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep ventilating apparatus located in the Leased Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof shall be maintained in a licensed waste facilitystate of efficient and good working order. The Tenant shall be responsible for all such maintenance, repairs, replacements and other cleaning shall promptly with due diligence, at its sole expense, carry out any and upkeep all of the foregoing. The Tenant, at its option, shall be responsible for all janitorial services respecting the Leased Premises (including the washing of windows therein, both inside and outside) so as to keep the Leased Premises in a neat and reasonably clean and sanitary tidy condition, (v) keep . In the parking areas, driveways and alleys surrounding or adjacent to event the Premises in a clean, safe and sanitary condition free of Tenant is responsible for all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and janitorial services respecting the same is available at the Leased Premises, pay the entirety of Building Operation and Maintenance Costs for the Leased Premises will be reduced by the equivalent cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected Landlord providing standard janitorial services to the Premises except with Leased Premises. Notwithstanding, all modifications to the Leased Premises, following the initial installation, are to the Tenant's account and are subject to the Landlord’s 's prior written approval. It is understood that the Landlord's contractor shall be utilized for all changes to the mechanical, which electrical and life safety systems. All design and consultant's fees and permits are to the Tenant's account. Landlord will use reasonable efforts to ensure that its contractor's costs are competitive, having regard to the unique nature of the Building and the Development. Notwithstanding the foregoing provisions of this Section 5.01, if the Building is primarily used for office purposes, the task of repairing, maintaining and operating the heating, ventilating and air-conditioning systems and other building standard equipment and mechanical systems within or serving the Leased Premises shall not be unreasonably withheldthe responsibility of the Landlord (save only to the extent that any such equipment or systems are installed by or for the sole use of the Tenant) and the costs thereof shall form part of the HVAC Costs or Building Operation and Maintenance Costs, subject to such terms, conditions and requirements as Landlord the case may specify)be hereunder.

Tenant’s Repairs. Except as provided in Articles 10 and 12, during the Term Tenant shall, at Tenant’s cost, repair, maintain and replace, if necessary, the Leasehold Improvements and keep the Premises in good order, condition and repair. Tenant’s work under this Section 7.1 must be performed in compliance with law and in a good and workmanlike manner with materials of at least Building Standard. If any repair that is the obligation of Tenant affects the Base Building, then such repair shall be performed by Landlord at Tenant’s reasonable expense; provided, that if such repair obligation affects a portion of the Base Building that exclusively serves Tenant, then Landlord and Tenant shall cooperate to reasonably determine which of Landlord or Tenant shall perform such repair obligation (but in either case such repair obligation shall be performed at its own Tenant’s reasonable expense). If Tenant fails to perform any of Tenant’s obligations under this Section 7.1 after Landlord gives to Tenant written notice and a reasonable opportunity to perform such obligations (but in any case Tenant shall commence performance of such obligations within 30 days after Landlord gives to Tenant such notice), then Landlord may perform such obligations and Tenant shall pay, as Rent, to Landlord 110% of the reasonable cost and expenseof such performance within 30 days after the date Landlord gives to Tenant an invoice therefor. For purpose of performing such obligations, shallor to inspect the Premises, except Landlord may enter the Premises upon giving to Tenant reasonable prior notice (in cases of actual or suspected emergency, only such prior notice as is practicable, if any, shall be required) without liability to Tenant for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof any loss or damage incurred as a result of such entry (subject to the requirements therein for Tenant to repair the same if the damage is unless caused by Landlord’s or its agents’ negligence or willful misconduct); provided, that Landlord will take reasonable steps in connection with such entry to minimize any disruption to Tenant’s fault) (i) maintain and repair all parts business or its use of the Premises and keep them in good, safe, operating condition orTenant may require an employee of Tenant or its security service, if betterTenant makes such employee available, to accompany Landlord’s personnel (or its agents or contractors) while in the condition Premises; and provided further, that exists on absent an actual or suspected emergency, Tenant may reasonably restrict Landlord’s access to all Secured Areas of the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to Premises. “Secured Areas” shall consist of any areas of the Premises reasonably identified by Tenant as having extraordinary security or confidentiality requirements such that such areas are kept locked or inaccessible to persons unauthorized by Tenant (and the systems serving trading areas shall not automatically be deemed Secured Areas). Tenant shall notify Landlord of (a) any fire or other casualty in the Premises, including(b) any damage to or defect in the Premises, but not limited toincluding the fixtures and equipment in the Premises, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep for the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal repair of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseeswhich Tenant believes Landlord is responsible, and (vic) if any damage to or defect in any parts of or appurtenances to the Mechanical Systems located in or passing through the Premises promptly after Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety learns of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)same.

Tenant’s Repairs. 11. Tenant shall at Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to 's expense throughout the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) Term of this Lease maintain and repair all parts of the Premises and keep them in a good, safe, operating clean and secure condition or, if better, the condition that exists on the Effective Date hereof, (ii) and promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesreplacements, including, including but not limited to, to all windows, glass and plate glass glass, doors, any special office entry, interior walls and finish workwall finishes, doors and floor covering, heating, ventilating and air conditioning systems, plumbing work and Fixtures, roof (exclusive of structural beams), downspouts, gutterselectrical and lighting systems, and fire sprinklers. Tenant shall at Tenant's expense also perform regular removal of trash and debris. Tenant shall, at Tenant's own expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing hot water, heating and air conditioning systemssystems and equipment within or serving the Premises. Landlord must approve the maintenance contractor and the contract. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, mechanical systemsat its sole expense, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary immediately repair any damage to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of any demising wall caused by Tenant or Tenant's trash and debrisParties. To the extent permitted by applicable contracts or law, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as Landlord shall make available to keep Tenant the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance benefits of any spur track servicing the Premises (contractor warranties applicable to items for which Tenant has repair, maintenance or replacement responsibility hereunder, provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which Landlord shall not be unreasonably withheld, subject obligated to such terms, conditions and requirements as Landlord may specify).incur any cost or liability in so doing. ALTERATIONS

Tenant’s Repairs. Tenant, at all times during the term hereof and at its own cost and expense, shallshall maintain in good order and repair the Premises, except for those and every part thereof, excluding the roof, any marquee, exterior walls, structural items specifically required parts and structural floors (floor covering to be maintained by Landlord under Paragraph 4A hereof (subject Tenant), but including without limitation all utility meters, pipes and conduits to the requirements therein for Tenant to repair the same if the damage is caused point of connection by Tenant’s fault) , all so-called “Building Systems” (i) maintain and repair all parts of the Premises and keep them in goodi.e., safeplumbing, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutterselectrical, heating and air conditioning systemsequipment serving the Premises exclusively, mechanical systemsceiling (including ceiling tiles and light fixtures), electrical systemsall fixtures, crane systemssigns (excluding any awning and cabinet signs), rail spursequipment, dock boardsgrease trap or like, truck and movable personal property in the Premises, the exterior of the storefront or storefronts of the Premises, all window sashes, frames, doors, dock bumpersdoor frames and glass or plate glass, paving, plumbing work and fixtures, sewer lines, as necessary all appurtenances to keep the Premises and facilities all such items of repair, maintenance, improvement or reconstruction as at any time may be required for the Premises by any governmental or quasi - governmental agency or authority having jurisdiction, but Tenant shall not be required to make any repairs required to be made because of Landlord’s gross negligence or by Landlord pursuant to Section 13.05, Article 14 or elsewhere in goodthis Lease. All glass, safeexterior and interior, operating condition orshall be at the sole risk of Tenant, if betterand any broken or seriously damaged or defaced glass shall be replaced promptly by Tenant with glass of the same kind, size and quality, and by the same means. The provisions of Article 9 above shall apply to all work under this Section other than ordinary and usual periodic maintenance. Tenant, as a part of its air conditioning/heating maintenance obligation, shall be required to have a service contract with an air conditioning repair firm, fully licensed to repair air conditioning units in the State of California. Tenant shall furnish to Landlord, not later than the date of commencement of the term of this lease a copy of said contract. This service contract shall include, but not be limited to, service calls on the unit(s), changing belts, filters and other parts as required, with frequency of not less than quarterly, and an annual service report listing all work performed on and the condition of the unit(s). Nothing set forth herein shall limit Tenant’s obligation to maintain the air conditioning/heating unit(s) in good condition and repair throughout the term of this Lease. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, including but not limited to Sections 1941 and 1942 of the Civil Code of California. It is specifically understood and agreed that exists on the Effective Date hereofLandlord has no obligation and has made no promises to alter, (iii) provide termite and pest extermination as needed to keep remodel, improve, repair, or decorate the Premises free from insect and/or rodent infestations, (iv) provide for regular removal or any part thereof and that no representations respecting the condition of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so the Premises of the building have been made by Landlord to Tenant except as specifically herein set forth. If Tenant refuses or neglects to keep make repairs or maintain the Premises in a neat and manner reasonably clean and sanitary conditionsatisfactory to Landlord, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service shall fail to comply with or perform any of the covenants, conditions or agreements herein and in this Lease contained on Tenant’s part to be performed, then after such notice as may be reasonable under the same is available at circumstances Landlord shall have the Premisesright (but not obligation) to make such repairs, pay perform such maintenance for Tenant’s account, or perform said covenants, conditions or agreements and Tenant shall pay, as additional rent, the entirety amount of the cost thereof immediately upon receipt of the obtaining and maintenance Landlord’s xxxx. Landlord’s performance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlordof Tenant’s prior written approval, which obligations hereunder shall not be unreasonably withheld, subject constitute a waiver of Tenant’s default in failing to such terms, conditions and requirements as Landlord may specify)do the same.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Building, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and the systems serving the Premisesreplace or repair all damaged or broken fixtures and appurtenances. Tenant’s maintenance, includingrepair and replacement responsibilities herein referred to include, but are not limited to, windowsjanitorial service, glass plumbing systems within or serving the Premises (such as water and plate glass doorsdrain lines, any special office entrysinks), mechanical systems and electrical systems within the Premises (such as outlets, lighting fixtures, lamps, bulbs, tubes, ballasts), and all interior walls and finish workimprovements within the Premises including but not limited to wall coverings, window coverings, acoustical ceilings, tile, carpeting, flooring, partitioning, doors (both interior and floor coveringexterior, downspoutsincluding closing mechanisms, gutterslatches and locks), heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, skylights (if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debrisany), and proper disposal thereof all other interior improvements of any nature whatsoever. With respect to the kitchen area, Tenant shall maintain air filtration devices in good condition and repair and in a licensed waste facilitymanner that does not permit smoke, fumes or odors to disturb neighboring properties or the general public. Areas of excessive wear shall be replaced at Tenant’s sole expense upon Lease termination. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make any such repairs, Landlord may, but need not, make such repairs and replacements, and other cleaning and upkeep so as Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to keep be uniformly established for the Premises in a neat and reasonably clean and sanitary condition, (vBuilding) keep the parking areas, driveways and alleys surrounding or adjacent sufficient to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of reimburse Landlord for the cost of the obtaining and maintenance of any spur track servicing same. Notwithstanding the Premises (provided, however, that no rail spur service will be connected foregoing or anything to the Premises except contrary contained elsewhere in this Lease, in the event any maintenance, repair and/or replacement responsibility of Tenant would require Tenant to incur a capital expenditure pursuant to generally accepted accounting practices, then at Tenant’s request, Landlord shall perform such work and the cost thereof shall be passed through as an Operating Expense in accordance with Landlord’s prior written approvalSection 4.2.1(xiii) above, which and Tenant shall not be unreasonably withheld, subject pay to such terms, conditions and requirements as Landlord may specify)each month the monthly amortized amount (with interest) over the remaining term of this Lease.

Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in good condition, reasonable wear and tear excepted, and shall be responsible for all repairs and replacements required to be made to the Premises or any portion thereof, except for those items that are the responsibility of Landlord under Section 9.1 above. It is the intention of the parties that following the Commencement Date, except as expressly provided in Sections 9.1, 11.1 and 12.1, any all maintenance, repair, replacement and other work required with respect to the Premises shall be Tenant’s sole responsibility and Landlord shall have no obligation or liability with respect thereto. Subject to the rights of the Tenant to terminate the Lease as provided in Article XI and Article XII of this Lease, and except as provided in Section 9.1, Tenant shall, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements replacements, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises and the systems serving the Premises, including, but not limited without limitation, the entire interior and exterior of the Building, the roof, sidewalks, parking areas, railroad tracks (if utilized by Tenant), water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, windows, glass connected with or used in conjunction with the Premises. All such repairs and plate glass doors, any special office entry, interior walls replacements shall be of first-class quality and finish work, doors sufficient for the proper maintenance and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep operation of the Premises and facilities in goodshall comply with all Legal Requirements and applicable provisions of the Declaration. Tenant shall keep and maintain the Premises, including all improvements situated thereon and all sidewalks, parking areas and areas adjacent thereto, safe, operating condition orsecure and clean, if betterspecifically including, the condition that exists on the Effective Date hereofbut not by way of limitation, (iii) provide termite snow and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsice clearance, (iv) provide for regular landscaping and removal of Tenant's trash waste and debrisrefuse matter. Except as provided in Sections 9.1, 11.2 and proper disposal thereof in a licensed waste facility12.1, Landlord shall not be required to furnish any services or facilities whatsoever to the Premises. Tenant hereby assumes full and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary sole responsibility for condition, (v) keep operation, repair, alteration, improvement, replacement, maintenance and management of the parking areasPremises. Notwithstanding the foregoing, driveways and alleys surrounding or adjacent until such time as Tenant may elect to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at self-maintain the Premises, pay Landlord agrees to perform all repairs and replacements that are the entirety responsibility of Tenant hereunder, the reasonable cost of all such repairs and replacement to constitute an Operating Expense for which Tenant is responsible for paying as provided in Section 4.1 above. Tenant may, upon not less than one hundred twenty (120) days prior written notice to Landlord, elect to self-maintain the Premises, in which event Landlord shall cease to perform Tenant’s obligations under this Section 9.2; provided that in such event Operating Expenses shall include a monthly management fee payable to Landlord equal to $2,000 per month. Upon Tenant’s election to perform its repair and replacement obligations under this Section 9.2, Landlord may require that Tenant maintain throughout the remainder of the cost Term maintenance contracts with contractors reasonably acceptable to Landlord covering the maintenance and repair of the obtaining HVAC and other Building systems as may be designated by Landlord on terms and conditions reasonably acceptable to Landlord; and Tenant shall be responsible for performing all such maintenance of any spur track servicing obligations in a manner that preserves all warranties affecting the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)Premises.

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant's own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions (to the systems serving extent accessible to Tenant) of the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as reasonably required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably clean and sanitary conditionsatisfactory to Landlord, (v) keep who shall have commercially reasonable experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in or the Premises Systems required by law. Notwithstanding the foregoing, 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 cleanpercentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, safe and sanitary condition free of all refusegeneral conditions, debris, equipment fees and other materials of costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. In addition, in the event Tenant has not provided Landlord with evidence that Tenant has entered into such service contracts, Landlord reserves the right, upon notice to Tenant, its employees, agents, contractors, invitees to procure and licenseesmaintain any or all of such service contracts, and (vi) if Landlord so elects, Tenant desires railroad spur track service shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the same is available Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. TenantExcept as expressly provided in Subparagraph A above, Tenant shall, at its own cost sole cost, keep and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to maintain the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the entire Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and window frames, plate glass doorsglass, any special office entryglazing, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boardsskylights, truck doors, dock bumpers, paving, plumbing work doors and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if betterall door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition that exists on the Effective Date hereofand repair. The term "repair" shall include replacement, restorations and/or renewals when necessary as well as painting. THE TERM "REPAIR" SHALL NOT INCLUDE REPLACEMENT OF HEATING, VENTILATING AND AIR CONDITIONING (iii"HVAC") provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsEQUIPMENT DURING THE FIRST TWO (2) YEARS OF THE LEASE TERM ONLY EXCEPT ON HVAC EQUIPMENT INSTALLED BY TENANT AS PART OF THE FINAL TENANT IMPROVEMENT PLANS PURSUANT TO EXHIBIT "D" AND UNLESS SUCH REPLACEMENT IS DUE TO TENANT'S ABOVE "STANDARD USE", TENANT'S MISUSE, OR TENANT'S FAILURE TO MAINTAIN THE HVAC EQUIPMENT, AS REQUIRED BELOW. THE TERM "STANDARD USE" SHALL BE DEFINED AS OPERATION BASED ON A NORMAL BUSINESS DAY'S HOURS, NOT TO EXCEED TEN (iv10) provide for regular removal of HOURS. ANY OPERATION THAT EXCEEDS THE "STANDARD USE" HOURS SHALL BE DEEMED TO BE "ABOVE STANDARD USE". Tenant's trash obligation shall extend to all alterations, additions and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as improvements to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the entirety Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon FIFTEEN (15) DAYS WRITTEN notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as additional rent for the cost of the obtaining and such maintenance or repairs within five (5) days of any spur track servicing the Premises (provided, however, that written demand by Landlord Landlord shall have no rail spur service will be connected maintenance or repair obligation whatsoever with respect to the Premises except as expressly provided in Paragraphs 10.A and 11. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Section 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. There shall be no allowance to Tenant for diminution of rental value, and no liability on the part of Landlord (EXCEPT FOR LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) by reason of inconvenience, annoyance or injury to business arising from the making of or the failure to make, any repairs, alternations, decorations, additions or improvements in or to any portion of the Premises or the Building or Common Area (or any or the areas used in connection with Landlord’s prior written approvalthe operation thereof, which or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be unreasonably withheldliable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, subject wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, the Building, or the Common Area, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such termsdamage or injury is caused by or results from fire, steam, electricity gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portion of the Building, or from other sources or places and requirements as regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord may specify)shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Building or the Parcel.

Tenant’s Repairs. Commencing on the Delivery Date, Tenant shall maintain the Premises in good condition, except for Landlord's Work, which shall be the responsibility of Landlord, and Tenant shall be responsible, at its sole cost and expense, for all other repairs and replacements required to be made to the Premises or any portion thereof after the Delivery Date, which repairs and replacements shall be executed in accordance with applicable Legal Requirements. It is the intention of the parties that after the Delivery Date and subject to final completion of the Improvements and the Punchlist items remaining in Landlord’s Work, Tenant shall perform or cause to be performed all maintenance, repair and other work with respect to the Premises required hereunder and Landlord shall have no obligation with respect thereto. Landlord agrees to cooperate with and support Tenant in enforcing any warranty available under or in relation to the Design-Build Agreement at no cost to Landlord. After the Delivery Date, except to the extent of any Punchlist items remaining in Landlord's Work, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including, without limitation, the entire interior and exterior of the Building, the roof, the foundations, sidewalks, parking areas, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances which as of the Delivery Date or thereafter belong to, are connected with or are used in conjunction with the Premises. All such repairs and replacements to be performed by Tenant or its contractors shall be procured in accordance with Tenant's policies and procedures and of a quality consistent with those completed in Landlord’s Work and sufficient for the proper maintenance and operation of the Premises, and in accordance with the Legal Requirements (as defined in Section 21.1). After the Delivery Date, excluding clean-up, removal and disposal obligations constituting Landlord's Work, Tenant shall keep and maintain the Premises, including the Building and all sidewalks, parking areas and areas adjacent thereto, safe and clean, specifically including, but not by way of limitation, landscaping and removal of waste, debris and refuse matter.‌ From and after the Delivery Date, Tenant, at its own cost and expense, shallshall promptly comply with any and all Legal Requirements now or hereafter affecting and applicable to the Premises or any part thereof. Landlord shall not be required to furnish or cause to be furnished any services or facilities whatsoever to the Premises, except for those structural items specifically required Landlord’s Work. Tenant shall, at no cost to Landlord, furnish or cause to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein furnished services for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain operation, repair, alteration, improvement, replacement, maintenance and repair all parts management of the Premises and keep them in good, safe, operating condition or, if better, after the condition that exists on the Effective Delivery Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but which are not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide required for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall Work to be Substantially Complete and are not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)Punchlist items remaining in Landlord's Work.

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant's own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems are located in and solely serves the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), crane systemsin the condition received. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodthe order, safecondition and repair received and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its reasonable discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding 879352.05/SD374622-00001/3-28-19/MLT/bp -18- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] cost of all improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law to the extent required under Article 21. Notwithstanding the foregoing, safe if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)costs thereof.

Tenant’s Repairs. Tenant(i) Except as expressly provided in Subparagraphs 8.E. and 10.A. above, Paragraphs 14 and 15 below and the Improvement Agreement, Tenant shall, at its own cost sole cost, keep and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to maintain the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the entire Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and window frames, plate glass doorsglass, any special office entryglazing, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boardsskylights, truck doors, dock bumpersdoors and all door hardware, the interior walls and partitions, interior surfaces of exterior walls, carpets, flooring, roofing, roof membrane, gutters, down spouts, the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment, and all areas outside the Building (including all landscaping, irrigation systems, paving, plumbing work and fixturesdriveways, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways sidewalks, fences, signs and alleys surrounding or adjacent to the Premises exterior lighting) in a cleangood order, safe condition and sanitary condition free of all refuserepair. The term "repair" shall include replacements, debrisrestorations and/or renewals when necessary as well as painting. Except as expressly provided in Subparagraphs 8.E. and 10.A. above, equipment Paragraphs 14 and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service 15 below and the same is available at Improvement Agreement, Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, pay and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the entirety Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor reasonably approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the Lease Term, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Landlord shall assign to Tenant for the Lease Term the benefit of all warranties available to Landlord which would reduce the cost of performing the obtaining and maintenance obligations of any spur track servicing Tenant to make repairs under this Subparagraph 10.B. Landlord shall cooperate with Tenant in the Premises (provided, however, that no rail spur service will be connected enforcement of such warranties. Notwithstanding anything to the Premises except with Landlord’s prior written approvalcontrary in this Lease, which Tenant shall not be unreasonably withheldhave no responsibility to perform or construct, subject any repair, maintenance or improvement that Landlord is required to such terms, conditions and requirements as Landlord may specify)perform pursuant to any other term of this Lease or the Improvement Agreement.

Tenant’s Repairs. Landlord shall maintain in good repair and condition all parts of the Premises and the parking areas, driveways and landscape and grounds surrounding the Premises. Such maintenance shall be at Tenant's cost and expense except as to those repairs for which Landlord is responsible under Paragraph 10, and except for the paving of the parking areas and the painting of the exterior walls of the Premises, which shall be paid for by Landlord; provided, however, if Tenant leases less than the entire Project, Tenant shall only be responsible for its Proportionate Share of the costs of maintaining any items outside its Premises. In addition, Tenant shall, at Tenant's expense maintain the heating and air conditioning and other mechanical systems and components of the Premises, including lighting, electrical systems, and plumbing lines and equipment. Tenant, at its own cost and expenseexpense shall enter into and deliver to Landlord one or more maintenance service contracts reasonably acceptable to Landlord with a contractor(s) reasonably approved by Landlord for heating and air conditioning. The service and maintenance contract(s) must include all services reasonably required by Landlord. In the event Tenant does not so deliver the service contract(s), shallLandlord shall have the right to contract for said service without notice to Tenant, except and Tenant shall upon demand reimburse Landlord for those structural items specifically the full cost thereof. To the extent not covered by the insurance Landlord is required to be maintained by Landlord under Paragraph 4A hereof (maintain pursuant to Section 9 hereof, and subject to the requirements therein provisions of Paragraph 15, Tenant shall repair and pay for Tenant to repair the same if the any damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and or the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Project caused by Tenant or Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractorsor invitees, invitees or caused by Tenant's default hereunder. Tenant shall in any event pay the amount of any deductible for the insurance Landlord is required to maintain pursuant to Section 9. Tenant shall reimburse Landlord for all such costs and licenseesexpenses in accordance with the provisions of Paragraph 6 above, except to the extent such repairs are covered by insurance on the Project under policies naming Landlord as the insured. Notwithstanding the foregoing, Landlord may at any time assume the maintenance and (vi) if Tenant desires railroad spur track service and the same is available at repair obligations set forth in this paragraph as they relate to the Premises, pay the entirety of the cost of the obtaining if Landlord determines in its reasonable discretion that such maintenance and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall repair obligations are not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)being satisfactorily performed by Tenant.

Tenant’s Repairs. TenantTenant will, at its own sole cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving fixtures and appurtenances therein in good order, condition and repair, and will neither commit nor suffer any active or permissive waste or injury thereof. At all times. Tenant shall maintain the Premises in accordance with all laws, rules and regulations governing its occupancy of the Premises, including. Tenant's responsibilities in conjunction therewith shall include, but not be limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep maintain the Premises in a neat satisfactory condition and reasonably clean state of repair. All such repair work, maintenance and sanitary conditionany alterations permitted by Landlord (I) shall be done at Tenant's sole cost and expense; (ii) shall be done by Landlord's employees or agents or, with Landlord's express written consent, by persons requested by Tenant; and (viii) keep the parking areasshall first be consented to in writing by Landlord. Tenant shall, driveways at Tenant's expense, with Landlord's express written consent, by persons requested by Tenant and alleys surrounding consented to in writing by Landlord, promptly repair any injury or adjacent damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. In the event any repairs are required to be made in or to the Premises as a clean, safe and sanitary condition free result of all refuse, debris, equipment and other materials the actions or inactions of Tenant, its employees, agents, contractors, invitees and servants, employees, subtenant, concessionaires, licensees, invitees Or guests. Tenant shall be responsible for payment of all such repairs, which shall be made by Landlord or its contractors. If Tenant does not make repairs promptly and (vi) if adequately. Landlord may, but need not, make repairs, and Tenant desires railroad spur track service shall promptly pay the cost thereof as Rent in addition to the Base Rental and Additional Rent. Tenant shall pay Landlord as Rent in addition to the same is available Base Rental and Additional Rent for overtime and for any other expense incurred in the event repairs, alterations, decorating or other work in the Premises are not made, at Tenant's request, during ordinary business hours. Upon expiration or other termination of me Term, Tenant shall quit and surrender to Landlord the Premises, pay the entirety broom clean, in good order and condition as provided in this Lease, ordinary wear and tear excepted, and Tenant shall remove all of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)its property.

Tenant’s Repairs. TenantSubject to Landlord's repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant's own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems serving from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in a first-class condition, ordinary wear and tear excepted; provided that Landlord shall perform any necessary replacements of the base building HVAC, mechanical, electrical, plumbing and life-safety systems (but not lab systems or fume hoods) and the costs thereof shall be amortized as a capital expense in accordance with Article 4. Except as expressly set forth in this Lease and the Tenant Work Letter, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, includingthe improvements located therein or the equipment therein, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep or the Premises and facilities in goodSystems whether structural or nonstructural, safe, operating condition or, if better, all of which obligations are intended to be the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep expense of Tenant. Tenant’s maintenance of the Premises free from insect and/or rodent infestationsSystems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion, (ivwhich may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems in a neat accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord's request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing or the Premises (Systems required by law; provided, however, that no rail spur service will Tenant shall not be connected responsible for any structural changes to the Premises except required by applicable laws unless such changes are required due to Tenant’s specific use of the Premises (as opposed to requirements that would apply to any office and laboratory user of the Premises), or Tenant’s Alterations. Notwithstanding the foregoing, at Landlord's option, or if Tenant fails to make such repairs, and such failure continues beyond notice to Tenant and a reasonable opportunity to cure, 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 established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord’s prior written approval, which shall not be unreasonably withheldupon demand, subject to such terms, conditions and requirements as Landlord may specify)for the reasonable costs thereof.

Tenant’s Repairs. Tenant, at its own cost The Tenant shall repair and expense, shallmaintain the Leased Premises in good order and condition, except for those structural items specifically reasonable wear and tear, the repairs required to be maintained by of Landlord under Paragraph 4A hereof (subject to pursuant hereto, and maintenance or replacement necessitated as the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts result of the Premises and keep them in good, safe, operating condition or, if better, act or omission or negligence of the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of TenantLandlord, its employees, agents, or contractors. Requirements of the Law: The Tenant agrees that if any federal, invitees state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and licenseesregulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section a) and c) of this Article; and such federal, state or municipal government or any other department or division thereof, has ordered or required, or shall hereafter order or require, any alterations or repairs thereof or installations and repairs as may be necessary to comply with such laws, orders or requirements (the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in connection therewith, the Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and (vi) if to that portion of the Leased Premises of which, the Tenant desires railroad spur track service shall be deprived as a result thereof, and the same is available Landlord shall be obligated to make such repairs, alterations or modifications at Landlord's expense. All such rebuilding, altering, installing and repairing shall be done in accordance with Plans and Specifications approved by the PremisesTenant, pay which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the entirety Tenant's obligation to repair pursuant to Section b) of the cost this Article 9 or with respect to Tenant's own costs and expenses, no abatement or adjustment of the obtaining and maintenance of any spur track servicing the Premises (rent shall be granted; provided, however, that no rail spur service will Tenant shall also be connected entitled to contest the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)validity thereof.

Tenant’s Repairs. TenantSubject to Landlord’s obligations in the Work Letter and in Sections 7.2 and 11.1 below, and otherwise as expressly set forth in this Lease, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its commercially reasonable discretion, which may require, without limitation, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its commercially reasonable discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises or the Premises Systems required by law, except to the extent otherwise specified in a cleanthis Lease (including, safe without limitation, in Section 21 below). Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approval, which shall not be unreasonably withheld, subject to involvement with such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("Building Systems"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building and the Greenhouse in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("Similar Facilities") located within the area commonly known as the "I-40/RTP sub-market' (the "Sub-Market"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building and/or the Greenhouse. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"Service Contracts"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe perimeter of the Building and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Greenhouse, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. Subject to Landlord’s repair obligations in Section 6.2 below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation: (i) the obligation to repair and maintain (and replace as necessary notwithstanding that such replacements may be considered capital expenditures) all tenant improvements, Alterations, additions, equipment, restrooms, fixtures and furnishings in the Premises (including all of the systems and equipment located within the Premises and the HVAC equipment serving the Premises), all ceilings and items above the ceilings and all floors and items below the floors (but not the floor slabs) of the Premises, all of Tenant’s signs, locks and closing devices, and all window sashes, casements or frames, doors and door frames of the Premises, and all walls and wall coverings, items within walls, and the equipment providing distribution within the Premises of all electricity and all other utilities required for the Premises (including all electrical panels serving the Premises); and (ii) the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures, door closures, cracked or broken glass and appurtenances in the Premises. Tenant shall, at its own cost and expense, shall, except for those structural items specifically required to be maintained enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) approved by Landlord under Paragraph 4A hereof (subject to for the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain maintenance and repair service of all parts of the Premises items listed in this Section 6.1 above which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and keep them in goodcomplete copies of all such contracts entered into by Tenant prior to entering into same. If Tenant fails to make such repairs, safeLandlord may, operating condition orbut need not, if bettermake such repairs and replacements, and Tenant shall pay Landlord the condition that exists on the Effective Date hereofcost thereof, including a ten percent (ii10%) promptly make administration fee sufficient to reimburse Landlord for all necessary overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide forthwith upon being billed for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)same.

Tenant’s Repairs. Except for Landlord's Repairs, Warranty Work and subject to the limitation set forth in Section 6.6 below, Tenant, at its own sole cost and expense, shallthroughout the Term of this Lease, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to shall take good care of the requirements therein for Tenant to repair Demised Premises, and shall keep the same if the damage is caused by Tenant’s fault) (i) maintain in good order, condition and repair repair, and shall make and perform all parts of the Premises routine maintenance thereof and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs thereto, interior and replacements exterior. All repairs made by Tenant, except as hereafter provided, shall be at least equal in quality to the Premises original work and, in all events, shall be made by Tenant in Compliance with Laws. The necessity for or adequacy of maintenance and repairs shall be measured by the systems serving standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Improvements. In addition, Tenant shall timely and properly maintain all of the Demised Premises, including, but not necessarily limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, to mechanical systems, electrical systems, crane plumbing and sewage systems, rail spursfire protection systems, dock boardsfloor slabs, truck doorsroof, dock bumpersfoundation walls and footings, pavingstructural steel, plumbing work driveways, roadways, sidewalks, curbs, parking areas, loading areas, and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists landscaping. Tenant shall obtain a preventative maintenance contract on the Effective Date hereofheating, ventilating and air conditioning systems which shall be subject to Landlord's reasonable approval. Tenant shall provide Landlord with a copy of the preventative maintenance contract no later than ninety (iii90) days after the Commencement Date. The preventative maintenance contract shall provide termite for the inspection and pest extermination as needed to maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. Tenant shall also keep all portions of the Demised Premises in a clean and orderly condition, free from insect and/or rodent infestationsunreasonable accumulations of snow, (iv) provide for regular removal ice, dirt rubbish, debris and unlawful obstructions. All of Tenant's trash obligations and debris, and proper disposal thereof requirements described above in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent this Section 6.2 are collectively called "Tenant's Repairs." In addition to the Premises in a cleanforegoing, safe and sanitary condition free of all refuseexcept for Landlord's Repairs, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service Warranty Work and the same is available at limitation set forth in Section 6.6 hereof, Tenant's Repairs shall include the Premises, pay the entirety following maintenance (but not repair or replacement obligations that are a part of Landlord's Repair) of the cost following portions of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).Demised Premises:

Tenant’s Repairs. TenantLandlord, at its own the cost of which shall be an Operating Expense as provided in Paragraph 6, shall maintain in good repair and expensecondition the roof and roof membrane, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises; provided however, that during the Initial Lease Term, all replacements of the roof or roof membrane at the Building shall be at Landlord's expense. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all non-structural portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines exclusively serving the Premises up to points of common connection (provided however, that Landlord, at Tenant's expense, shall maintain and repair such plumbing, water and sewer lines which are outside the perimeter of the Building), interior fire sprinklers and fire protection systems or those systems that exclusively serve the Premises, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems servicing the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord's election, crane systemsby Landlord. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, rail spursTenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible after thirty (30) days notice from Landlord of such repairs, dock boards, truck doors, dock bumpers, paving, plumbing then Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor; provided however, sewer lines, as necessary that if such failure to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary repair creates an emergency condition, (v) keep a threat to health or safety, a hazardous condition, such repairs are necessary due to weather conditions, or such failure to repair unreasonably interferes with another tenant's use of the parking areasBuilding or Project, driveways then no notice prior to Landlord's repair is required. Subject to Paragraphs 9 and alleys surrounding 15, Tenant shall bear the full cost of any repair or adjacent replacement to any part of the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Building or Project that results from damage caused by Tenant, its employees, agents, contractors, or invitees and licenseesany repair that benefits only the Premises but, and (vi) if Tenant desires railroad spur track service and the same is available at with respect to repairs which may benefit only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected repairs to the Premises except with Landlord’s prior written approvalroof, which fire sprinklers and fire protection system shall be paid by Tenant as an Operating Expense. Tenant shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)pay for repairs which exclusively benefit another tenant's premises.

Tenant’s Repairs. TenantSubject to Landlord's repair obligations set forth in Section 7.1 above, Tenant shall, at its Tenant's own cost and expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, equipment (including without limitation the Supplemental Equipment) and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, except for those structural items specifically required to be maintained by Landlord at Tenant's own expense, but under Paragraph 4A hereof (the supervision and subject to the requirements therein for Tenant prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to repair the same if the damage is caused by Tenant’s fault) (i) maintain terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the systems serving the Premisesreasonable control of Tenant; provided however, includingthat, 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 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 involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not limited be required to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep enter the Premises and facilities in goodat all reasonable times to make such repairs, safealterations, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding improvements or adjacent additions to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected or to the Premises except with Landlord’s prior written approval, which Project or to any equipment located in the Project as Landlord shall not be unreasonably withheld, subject to such terms, conditions and requirements desire 14 21 or deem necessary or as Landlord may specify)be required to do by governmental or quasi-governmental authority or court order or decree, provided that Landlord shall use commercially reasonable efforts to ensure that any such repairs, alterations or improvements do not materially interfere with or unreasonably disrupt Tenant's use and occupancy of the Premises.

Tenant’s Repairs. (a) Subject to Paragraphs 15 and 16 of this Lease, Landlord's obligations expressly set forth in Paragraph 10 and Landlord's Construction Warranty (as defined in Exhibit B attached hereto), Tenant, at its own sole expense, shall repair, replace and maintain in good order, condition and repair (reasonable wear and tear, damage caused by Landlord or its agents, employees, contractors, subcontractors, representatives, consultants, licensees or invitees [collectively, "Landlord Parties"] excepted) and in compliance with all Legal Requirements and Private Restrictions all portions of the Premises, and all other areas, improvements and systems exclusively serving the Premises including, without limitation, docks, dock equipment and loading areas, truck doors, plumbing, water, sewer lines, from the points of connection with the Building, fire sprinklers and fire protection systems within the Premises from points of connection with the Building, entries, doors, door frames, ceilings, windows, window frames, interior walls, and the interior side of demising walls (if any), and heating, ventilation and air conditioning ("HVAC") systems, and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. If, during the last two (2) years of the Lease Term, a capital replacement of an HVAC unit is required (each of the foregoing, an "Capital HVAC Item" and collectively "Capital HVAC Items"), then, (A) provided no Event of Default exists under this Lease, (B) Tenant has maintained the maintenance service contract(s) for the HVAC systems pursuant to (i) below, and (C) provided further that such Capital HVAC Items: (I) will have a useful life in excess of the remaining portion of the then applicable Lease Term, and/or (II) were not necessitated by Tenant's failure to properly maintain such systems in accordance with the manufacturer's recommendations, or Tenant's breach of this Lease or the negligent act or omission of Tenant or any of the Tenant Parties (in which case Tenant shall be responsible therefor at Tenant's sole cost and expense), shallthen Landlord shall purchase and perform such Capital HVAC Item(s) and the cost thereof shall be amortized on a straight line basis (with interest) over the useful life thereof, except for those structural items specifically and Tenant shall pay such amortized payments to Landlord on the first day of each month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (as the same may be extended). Notwithstanding anything to the contrary contained herein, Landlord may elect not to complete the Capital HVAC Item(s) (unless such Capital HVAC Item(s) are normal and customary HVAC units serving the northern office portion of the Premises, which normal and customary HVAC units Landlord shall not be permitted to object to replacing provided the other terms and conditions contained in this Paragraph 11(a) are satisfied) upon written notice to Tenant (which notice shall be given no later than ten (10) business days after receipt of Tenant's written notice of a Capital HVAC Item) in which case (1) Landlord shall not be obligated to complete the applicable Capital HVAC Item, (2) notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right, but not the obligation, to replace the applicable Capital HVAC Item at its sole cost and expense; and (3) if Tenant does not elect to complete such replacement pursuant to clause (2), above, then, as Landlord's sole and exclusive remedy, Tenant shall be required to be maintained by Landlord under Paragraph 4A hereof remove any such HVAC units on or before the expiration of the Lease Term. Within ten (subject to 10) days of the requirements therein Commencement Date, Tenant, at Tenant's expense, shall enter into maintenance service contracts for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain the maintenance and repair all parts of the Premises heating, ventilation and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs air conditioning systems and replacements to the Premises other mechanical and the building systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iiiii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash collection, sweeping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (removal; provided, however, in the event that no rail spur Tenant fails to enter into such service will be connected contracts and/or to properly maintain and/or perform the foregoing in accordance with the terms and conditions contained in this Lease, then at Landlord's written election (but at Tenant's expense) after written notice to Tenant and Tenant's failure to cure the same within fifteen (15) days after Tenant's receipt of such written notice, Landlord shall have the right (but not the obligation) to enter into such maintenance service contracts. Landlord may request a list of vendors providing services under the aforementioned maintenance contractors together with the scope of such services and if Landlord provides Tenant with written notice that it reasonably objects to any of the listed vendors, then Tenant shall replace such vendor within a reasonable period of time. Without limiting any of the foregoing, Tenant, at Tenant's sole cost and expense, shall store all trash and other solid waste within the Premises except with Landlord’s prior written approval, which or in such areas as may be reasonably designated by Landlord for such storage. Tenant shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)burn any trash or garbage at any time in or about the Premises and/or the Project.

Tenant’s Repairs. Excluding the Landlord Services under Exhibit F hereto and Landlord's repair obligations under Section 8.3 hereof, Tenant shall make and be responsible for (a) all maintenance, repairs and replacements within the Demised Premises, as and when needed, to preserve the Demised Premises (including, without limitation, Tenant's Property and all Improvements) in good working order and condition; and (b) the maintenance, at its own cost repair and expensereplacement of the Building equipment and systems (including, shallwithout limitation, except the Building's and/or Tenant's HVAC systems, and the Building's roof and structural components), the need for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage which is actually caused by Tenant’s fault) (i) maintain and repair all parts the performance or existence of any alteration or modification to the Demised Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereofmade by Tenant or those holding under Tenant, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesinstallation, includinguse, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and or operation of Tenant's Property or fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the moving of Tenant's Property or fixtures in or out of the Building, the Demised Premises free from insect and/or rodent infestationsor the Complex, or (iv) provide for regular removal the negligence of or misuse by Tenant, those holding under Tenant, or Tenant's trash and debrisservants, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractorsinvitees, invitees or licensees. All repairs shall conform to the provisions of Section 8.4 hereof and licenseesshall be at least equal in quality and class to the standards then applicable for the Building as reasonably established by Landlord. If Tenant fails, after ten (10) days' notice by Landlord, to proceed with due diligence to make repairs required to be made by Tenant (except in an emergency, wherein Landlord may proceed immediately, if Tenant does not, immediately after notice, proceed to repair), the required repairs may be made by Landlord at the expense of Tenant, and (vi) if Tenant desires railroad spur track service and the same is available at expenses of repairs incurred by Landlord shall be reimbursed as Additional Rent immediately after submission of a bxxx or statement for the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)repairs.

Tenant’s Repairs. TenantSubject to Landlord’s obligation in Section 10 and subject to Sections 9 and 15, Tenant shall, at its own sole cost and expense, shallmaintain, except for those repair and/or replace as necessary all interior non-structural items specifically required to be maintained by Landlord under Paragraph 4A hereof portions of the Premises, any Energy and Communications Equipment, the HVAC system exclusively serving the Premises and any Tenant HVAC (defined below) (in accordance with manufacturer’s recommended standards but subject to the requirements therein warranty period described in Section 10(a) and provided that during the last two (2) years of the Lease Term, Tenant may elect not to perform a capital repair or replacement of such HVAC system(s) if such work is reasonably expected to cost in excess of $10,000; provided that Landlord may elect to perform such work and such costs may be passed through to Tenant as non-Controllable Operating Expenses provided that such costs shall be amortized in equal monthly installments over their useful lives in accordance with GAAP, consistently applied (the “HVAC Capital Costs”)), and those items listed on Exhibit D as “Tenant Maintenance Obligations.” Tenant shall also, at its sole cost and expense, maintain the Base F/LS System, and perform any capital repairs or replacements to the Base F/LS System, the cost of which is reasonably expected to be less than $10,000 (but subject to the warranty period described in Section 10(a)). Tenant shall also, at its sole cost and expense, maintain, repair and/or replace as necessary any modifications or additions to the Base F/LS System that were made by or paid for by Tenant. If the Energy and Communications Equipment includes a Solar Energy System (as defined below), Tenant shall perform or cause to repair the same if the damage is caused be performed scheduled and preventive inspections and maintenance on such system in compliance with manufacturer’s recommendations. If requested by Landlord, copies of maintenance and inspection reports prepared by Tenant’s faultsolar vendor shall be provided by Tenant within thirty (30) (i) maintain days of the date of such reports. Landlord acknowledges that items within and repair all parts components of the Premises that Tenant must maintain will be subject to reasonable wear and keep them in goodtear and, safesubject to Section 9, operating condition ornon-casualty damage caused by Landlord, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs its agents and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriscontractors, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as Tenant is not required to keep maintain the Premises in a neat “like new” condition. Tenant shall also be responsible for maintenance, repair and reasonably clean replacement of any Tenant HVAC, as further described in Section 41. If Tenant fails to perform any repair or replacement for which it is responsible, and sanitary conditiondoes not cure such failure within any applicable cure period, Landlord may upon ten (v10) keep days’ advance notice to Tenant perform such work and be reimbursed by Tenant for the parking areasreasonable cost of such work within thirty (30) days after demand therefor (which demand shall be accompanied by reasonable supporting documentation for such costs). Subject to Sections 9 and 15, driveways and alleys surrounding Tenant shall bear the full cost of any repair or adjacent replacement to any part of the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of that result from non-casualty damage caused by Tenant, its employees, agents, contractors, invitees and licenseesor invitees. Landlord shall assign to Tenant or otherwise make available to Tenant the benefit of any warranties from contractors, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety equipment manufacturers or others that benefit any portion of the cost of the obtaining Premises that Tenant is required to maintain. Tenant may take actions and maintenance of any spur track servicing employ systems, apparatus and chemicals on the Premises (providedto prevent any infestation by rodents, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to vermin or other such terms, conditions and requirements as Landlord may specify)pests.

Tenant’s Repairs. 11. Tenant shall at Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to 's expense throughout the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) Term of this Lease maintain and repair all parts of the Premises and keep them in a good, safe, operating clean and secure condition or, if better, the condition that exists on the Effective Date hereof, (ii) and promptly make all necessary repairs and replacements to the Premises and the systems serving the Premisesreplacements, including, including but not limited to, to all windows, glass and plate glass glass, doors, any special office entry, interior walls and finish workwall finishes, doors and floor covering, downspoutsheating, gutters, heating ventilating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, pavingdock plates and levelers, plumbing work and fixturesFixtures, sewer linesroot (exclusive of structural beams), as necessary to keep the Premises downspouts, electrical and facilities in goodlighting systems, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for fire sprinklers. Tenant shall at Tenant's expense also perform regular removal of Tenant's trash and debris. If required by the railroad company, Tenant agrees to sign a joint xxxxxenance agreement governing the use of the rail spur, if any. Tenant shall, at Tenant's own expense, xxxxx into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and proper disposal thereof in a licensed waste facility, air conditioning systems and other cleaning and upkeep so as to keep equipment within or serving the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service Premises. The maintenance contractor and the same is contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Term Commencement Date. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole expense, immediately repair any damage to any demising wall caused by Tenant or Tenant's Parties. To the extent permitted by applicable contracts or law, Landlord shall make available at to Tenant the Premises, pay the entirety of the cost of the obtaining and maintenance benefits of any spur track servicing the Premises (contractor warranties applicable to items for which Tenant has repair, maintenance or replacement responsibility hereunder, provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which Landlord shall not be unreasonably withheld, subject obligated to such terms, conditions and requirements as Landlord may specify).incur any cost or liability in so doing. ALTERATIONS

Tenant’s Repairs. TenantSubject to Landlord's repair obligations pursuant to Section 7.1 above, Tenant shall, at its Tenant's own cost and expense, keep the Premises (interior and exterior), including all improvements, fixtures, equipment and furnishings therein, the subfloors and floors, loading docks, doors and ramps, floor coverings, walls and wall coverings, doors, windows, glass, plate glass, ceilings, skylights, lighting systems, interior plumbing, electrical and mechanical systems and wiring appliances and devices using or containing refrigerants in good order, repair and condition and replace and/or repair any and all of the foregoing in a clean and safe manner at all times during the Lease Term. In addition, Tenant shall, except for those structural items specifically required to be maintained by Landlord at Xxxxxx's own expense, but under Paragraph 4A hereof (the supervision and subject to the requirements therein for Tenant to repair the same if the damage is caused prior approval of Landlord and Section 10.5 herein, and within any reasonable period of time specified by Tenant’s fault) (i) maintain Landlord, promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the systems serving the Premisesreasonable control of Tenant; provided however, includingthat, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but not limited toneed not, windowsmake such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be 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 involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the structural portions of the exterior walls (excluding wall coverings, paintings, glass and plate glass doors), any special office entryfoundation and roof of the Building, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary except to keep the Premises and facilities in good, safe, operating condition or, if better, extent that such repairs are required due to the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal negligence or willful misconduct of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (; provided, however, that no rail spur service will if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense. Landlord may, but shall not be connected required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises except with Landlord’s prior written approval, which or to the Project or to any equipment located in the Project as Landlord shall not be unreasonably withheld, subject to such terms, conditions and requirements desire or deem necessary or as Landlord may specify)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 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.

Tenant’s Repairs. TenantLandlord, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) expense as provided in Paragraph 6, shall maintain in good repair and repair all parts condition the parking areas and other areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be fully amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease term, without regard to any extension or renewal option not then exercised. The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease term remaining after the replacement of any such capital expenditures, and the denominator of which shall be the lesser of the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures for federal income tax purposes or ten (10) years. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may after notice and the expiration of the cure period in Paragraph 23(vii) perform such work and fixturesbe reimbursed by Tenant within 30 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full reasonable cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Tenant(i) Except as expressly provided in Subparagraphs 8.E. and 10.A. above, Paragraphs 14 and 15 below and the Improvement Agreement, Tenant shall, at its own cost sole cost, keep and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to maintain the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the entire Premises and keep them in goodevery part thereof, safe, operating condition or, if betterincluding without limitation, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and window frames, plate glass doorsglass, any special office entryglazing, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boardsskylights, truck doors, dock bumpersdoors and all door hardware, the interior walls and partitions, interior surfaces of exterior walls, carpets, flooring, roofing, roof membrane, gutters, down spouts, the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment, and all areas outside the Buildings (including all landscaping, irrigation systems, paving, plumbing work and fixturesdriveways, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways sidewalks, fences, signs and alleys surrounding or adjacent to the Premises exterior lighting) in a cleangood order, safe condition and sanitary condition free of all refuserepair. The term "repair" shall include replacements, debrisrestorations and/or renewals when necessary as well as painting. Except as expressly provided in Subparagraphs 8.E. and 10.A. above, equipment Paragraphs 14 and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service 15 below and the same is available at Improvement Agreement, Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, pay and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the entirety Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning ("HVAC") equipment with an HVAC repair and ---- maintenance contractor reasonably approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the Lease Term, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Landlord shall assign to Tenant for the Lease Term the benefit of all warranties available to Landlord which would reduce the cost of performing the obtaining and maintenance obligations of any spur track servicing Tenant to make repairs under this Subparagraph 10.B. Landlord shall cooperate with Tenant in the Premises (provided, however, that no rail spur service will be connected enforcement of such warranties. Notwithstanding anything to the Premises except with Landlord’s prior written approvalcontrary in this Lease, which Tenant shall not be unreasonably withheldhave no responsibility to perform or construct, subject any repair, maintenance or improvement that Landlord is required to such terms, conditions and requirements as Landlord may specify)perform pursuant to any other term of this Lease or the Improvement Agreement.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the Premises free from insect and/or rodent infestationsSystems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law. Notwithstanding the foregoing, safe at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approval, which shall not be unreasonably withheld, subject to involvement with such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.

Tenant’s Repairs. Subject to Landlord's obligations in Paragraph 2(a) and Paragraph 10, and subject to Paragraphs 9 and 15, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in goodall areas, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs improvements and replacements to systems exclusively serving the Premises and the systems serving the Premises, including, without limitation, concrete floors, dock and loading areas together with all dock-related equipment including but not limited toto dock bumpers, dock plates and/or levelers, and seals, truck doors, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, windows, glass and plate glass doors, any special office entry, interior walls and finish workthe interior side of demising walls. Except to the extent made the obligation of Landlord pursuant to Paragraph 10(a) above, doors Tenant shall also repair, replace and floor coveringmaintain in good condition the mechanical, downspoutselectrical, guttersfire-life safety, heating plumbing, and HVAC systems installed or furnished by Landlord serving the Premises (collectively, the “Building Systems”). Heating, ventilation and air conditioning systemssystems and other Building Systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be subject to Landlord’s prior reasonable approval. Tenant shall also deliver to Landlord quarterly reports from such contractors with respect to Tenant’s maintenance obligations under this Lease. Upon Landlord’s request, mechanical systemsTenant shall deliver to Landlord a copy of any or all of the foregoing maintenance service contracts.] If Tenant fails to perform any repair or replacement for which it is responsible, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within ten (10) days after receipt of written demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Building or Exterior Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Subject to Landlord’s repair obligations in Section 8(b) below, and except for any damage by casualty which is not Tenant’s obligation to repair pursuant to Paragraph 10 below, Tenant shall, at Tenant’s own expense, and with contractors reasonably acceptable to Landlord and subject to Tenant’s compliance with the following provisions of this Paragraph 8(a) and the provisions of Paragraph 8(c) below, keep the Building and every part thereof (except those portions of the Building which are Landlord’s obligation to maintain pursuant to Paragraph 8(b) below), including, without limitation, all tenant improvements, alterations, additions, equipment, restrooms, fixtures and furnishings therein (including all of the Building’s systems and equipment located within the Building and the HVAC equipment on the roof of the Building, subject, however, to Landlord’s obligations regarding replacement of such HVAC equipment as expressly provided below in Section 8(e)), all interior walls and wall coverings, doors, windows, glass, plate glass, ceilings, and skylights, in an order, repair and condition consistent with the age and quality of the Building and the Comparable Buildings. Such repair obligations shall include, without limitation, replacement of items as may be necessary to keep same in the condition required hereinabove (subject to Landlord’s replacement obligations set forth below in Section 8(e) below with respect to the Building’s HVAC equipment on the roof of the Building), notwithstanding that such replacements may be considered capital expenditures in accordance with accounting practices, and shall also include repairs of items above the ceiling, repairs of items below the floors (but not the floor slabs), and/or repairs of items within walls, such as, but not limited to, all plumbing and pipes for restrooms, the equipment providing distribution within the Building of the HVAC from the HVAC equipment on the roof, and the equipment providing distribution within the Building of all electricity and all other utilities required for the Premises (including all electrical panels in equipment rooms or elsewhere within the Building). Landlord shall have approval rights (in its sole but good faith discretion) with respect to repairs and/or replacements which may: (i) affect the roof and/or the HVAC equipment thereon; (ii) affect or consist of any of the structural components of the Building; (iii) adversely affect or consist of any of the Building’s systems and equipment; (iv) affect the exterior of the Building or any portion of the Project located outside of the Building, or can be seen from outside the Building; and/or (v) change the character of the Building as an office/laboratory building (any of such items set forth in clauses (i) through (v) hereinabove shall sometimes be referred to as the “Landlord’s Approval Items”). Tenant’s repair obligations set forth hereinabove shall include, without limitation, the obligation to promptly and adequately repair all damage to the Building and replace or repair all damaged or broken fixtures and appurtenances (subject, however, to the provisions of Paragraph 10 below regarding casualty damage to the Building); provided however, that if Tenant fails to commence such repairs within ten (10) business days after written notice from Landlord and thereafter diligently pursue such repairs to completion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a five percent (5%) administration fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant shall, at its own cost and expense, shall, except for those structural items specifically required to be maintained enter into regularly scheduled preventive maintenance/service contracts (and with maintenance contractors) reasonably approved by Landlord under for the maintenance and service of all of the items listed above in this Paragraph 4A hereof (subject 8(a) which Tenant is obligated to maintain. Tenant shall deliver to Landlord full and complete copies of all such contracts entered into by Tenant prior to entering into same. Notwithstanding any other provision herein to the requirements therein for contrary, Tenant may continue to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts use of the laboratory benches, casework, fume hoods and laminar flow hoods located in the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on as of the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to at no additional cost throughout the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer linesSecond Extended Term, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will may be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)further extended.

Tenant’s Repairs. TenantLandlord, at its own cost Tenant's expense as provided in Paragraph 6, shall maintain in good repair and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to condition the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep building systems exclusively serving the Premises and facilities in good, safe, operating condition shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, if betterat Landlord's election, by Landlord, in which case the condition costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to perform any repair or replacement for which it is responsible under this Lease thirty (30) days after receipt of written notice from Landlord, Landlord may perform such work using commercially reasonable methods and at commercially reasonable rates and be reimbursed by Tenant within 30 days after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected or invitees. Notwithstanding anything to the Premises except with Landlordcontrary herein, Tenant’s prior written approval, which repair and replacement obligations shall not be unreasonably withheldapplicable to any costs covered by the Roof Warranty, subject the Construction Warranty or any costs incurred by Landlord to such terms, conditions and requirements as Landlord may specify)correct latent defects in the initial construction of the Building.

Tenant’s Repairs. TenantDuring the Term and any Term Extension, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair shall keep all parts components of the Premises and keep them the Project in goodgood order, safecondition, operating condition or, if better, the condition that exists on the Effective Date hereof, and repair (ii) promptly make all necessary repairs and replacements to the extent the need for such repairs occurs as a result of Tenant's use of the portion of the Premises or Project requiring repairs), reasonable wear and the systems serving the Premisestear and Construction Defects excluded, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilation, and air-conditioning ("HVAC"), electrical and lighting facilities, boilers, pressure vessels, fire protection systems, fixtures, exterior and interior walls, foundations, ceilings, roofs, floors, windows, glass and plate glass doors, any special office entryplate glass, interior walls landscaping and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning irrigation systems, mechanical systemsdriveways and parking areas, electrical systemsfences, crane systemsretaining walls, rail spurssigns, dock boardsand sidewalks ("BUILDING SYSTEMS"). Tenant's obligations shall include restorations, truck doorsreplacements, dock bumpersor renewals when necessary. During the Term and any Term Extension, pavingTenant also shall keep the exterior appearance of the Building in a condition consistent with the exterior appearance of other substantially similar facilities of comparable age and size ("SIMILAR FACILITIES") located within the area commonly known as the "I-40/RTP sub-market' (the "SUB-MARKET"), plumbing work and fixturesincluding, sewer lineswhen necessary, as necessary to keep the exterior sealing, resealing, or repainting of the Building. Tenant, in keeping the Premises and facilities the Project in goodgood order, safecondition, operating condition orand repair, if bettershall exercise and perform good maintenance practices, specifically including the procurement and maintenance of service contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of, the condition that exists on following Building Systems (the Effective Date hereof"SERVICE CONTRACTS"): (i) HVAC, (ii) boilers and pressure vessels, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestationsfire protection systems, (iv) provide for regular removal of Tenant's trash landscaping and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary conditionirrigation systems, (v) keep the roof covering and drains, (vi) driveways and parking areas, driveways and alleys surrounding or adjacent (vii) basic Utilities feeds to the Premises in a clean, safe and sanitary condition free perimeter of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesthe Building, and (viviii) if any other Building Systems reasonably required by Landlord. Tenant's obligations under this Section shall be at Tenant's sole cost and expense. If Tenant desires railroad spur track service fails to repair or maintain any portion of the Premises or the Project as required under this Section within 15 days after Landlord gives Tenant written demand to so repair or maintain, Landlord may perform such work and the same is available at the Premises, pay the entirety of the reasonable and necessary cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will thereof shall be connected payable to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements Landlord on demand as Additional Rent or includable by Landlord may specify)as an Operating Expense.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of keep the Premises and keep them all building systems located therein, including all improvements, fixtures and furnishings therein, in goodgood order, saferepair and condition at all times during the Lease Term, operating condition orwhich repair obligations shall include, if betterwithout limitation, the condition that exists on the Effective Date hereof, (ii) obligation to promptly make and adequately repair all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances. Landlord reserves the systems serving right, following written notice to Tenant, to perform any of the Premisesforegoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, including, but not limited to, windows, glass all at Tenant’s expense. All work shall be performed in accordance with the rules and plate glass doors, procedures described in Article 8. If Tenant fails to make any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in a cleanaddition to any other remedy available to Landlord, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesmake the repairs, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, shall pay the entirety reasonable cost of the repairs to Landlord, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the obtaining repairs. It is generally understood that mold spores are present essentially everywhere and maintenance that mold can grow in most any moist location. Emphasis is properly placed on prevention of any spur track servicing moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises; provided, however, that no rail spur service will Landlord, as part of its maintenance and repair obligations under Section 7.2 below, shall be connected to responsible for the removal of any mold or mildew in the Premises except and the repair of any damage caused thereby; provided further, however, that if any such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, together with Landlord’s prior written approvalan administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. In addition, which shall not be unreasonably withheld, subject execution of this Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to such terms, conditions and requirements as Landlord may specify)its Lease obligations.

Tenant’s Repairs. TenantLandlord, at its own cost Tenant's expense as provided in Paragraph 6, shall maintain in good repair and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to condition the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain parking areas and repair all parts other common areas of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the PremisesBuilding, including, but not limited toto driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, windows, glass interior walls, and plate glass doorsthe interior side of demising walls, any special office entryand heating, interior walls and finish work, doors and floor covering, downspouts, gutters, heating ventilation and air conditioning systems. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to the useful life of such repair or replacement multiplied by the cost of such capital expenditure or repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical systemsand building systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, electrical systemsat Landlord's election, crane systemsby Landlord, in which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. Tenant shall not utilize the rail spursservice to the Building. If Tenant fails to perform any repair or replacement for which it is responsible, dock boards, truck doors, dock bumpers, paving, plumbing Landlord may perform such work and fixturesbe reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, sewer lines, as necessary Tenant shall bear the full cost of any repair or replacement to keep any part of the Premises and facilities in good, safe, operating condition or, if better, the condition Building or Project that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free results from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of damage caused by Tenant, its employees, agents, contractors, or invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at any repair that benefits only the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify).

Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in good condition and shall be responsible for all repairs and replacements required to be made to the Premises or any portion thereof. It is the intention of the parties that, following the Commencement Date, all development and construction on and to the Premises and all maintenance, repair and other work with respect thereto required hereunder shall be Tenant’s sole responsibility and Landlord shall have no obligation or liability with respect thereto. Subject to the rights of the Tenant to terminate the Lease as provided in Article IX and Article X of this Lease, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including, without limitation, the entire interior and exterior of the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation of the Premises. Tenant shall keep and maintain the Premises, including the Improvements and all sidewalks, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant, at its own cost and expense, shall, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain shall promptly comply with any and repair all parts of the Premises Requirements now or hereafter affecting and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements applicable to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, or any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which part thereof. Landlord shall not be unreasonably withheldrequired to furnish any services or facilities whatsoever to the Premises. Tenant hereby assumes full and sole responsibility for condition, subject operation, repair, alteration, improvement, replacement, maintenance and management of the Premises. The foregoing obligation of Tenant shall include making, at its expense, any modifications required to such terms, conditions and requirements as Landlord may specify)make the Premises comply with the foregoing.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its own cost and expense, shallshall repair, except for those structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) replace and maintain and repair in good condition all parts portions of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited towithout limitation, entries, doors, ceilings, interior windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debriswalls, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as the interior side of demising walls. Should Tenant fail to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding make any such repair or adjacent replacement or fail to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at maintain the Premises, pay the entirety Landlord shall give Tenant notice of the cost such failure. If Tenant fails to commence cure of the obtaining such failure within 10 business days of Landlord’s notice, and maintenance of any spur track servicing the Premises (thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that no rail spur service will if such failure by Texxxx xreates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be connected entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Commencement Date, the maintenance and repair obligations for the Premises except shall be allocated between Landlord and Tenant as set forth on Exhibit G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with Landlordcopies to Landlord upon Laxxxxxx’x written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s prior recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Texxxx’x written approvalrequest, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is responsible under this paragraph. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be unreasonably withheldresponsible, subject as provided in the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Texxxx xs responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such terms, conditions and requirements as Landlord may specify)notice.

Tenant’s Repairs. TenantSubject to Landlord’s repair obligations in Sections 7.2 and 11.1 below, Tenant shall, at its Tenant’s own cost and expense, shallkeep the Premises, except for those structural items specifically required including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain promptly and adequately repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the systems serving the PremisesHVAC, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systemselectrical, mechanical systemsplumbing, electrical systemslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), crane systemsin a first-class condition. Tenant’s obligations shall include restorations, rail spursreplacements or renewals, dock boardsincluding capital expenditures for restorations, truck doorsreplacements or renewals which will have an expected life beyond the Term, dock bumpers, paving, plumbing work and fixtures, sewer lines, as when necessary to keep the Premises and facilities all improvements thereon or a part thereof and the Premises Systems in goodfirst-class order, safecondition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, operating condition orit is intended by the parties hereto that Landlord shall have no obligation, if betterin any manner whatsoever, to repair or maintain the Premises, the condition that exists on improvements located therein or the Effective Date hereofequipment therein, (iii) provide termite and pest extermination as needed to keep or the non-structural aspects of the Premises free from insect and/or rodent infestationsSystems, all of which obligations are intended to be the expense of Tenant (iv) provide for regular removal whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in a neat forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and reasonably clean and sanitary conditionmaintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (v10) keep years of experience in maintaining such systems in biotechnical facilities. Subject to Landlord’s repair obligations in this Lease, Tenant shall be solely responsible for the parking areas, driveways and alleys surrounding cost of all improvements or adjacent alterations to the Premises in a cleanor the Premises Systems required by law. Notwithstanding the foregoing, safe at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licenseesreplacements, and (vi) if Tenant desires railroad spur track service and shall pay Landlord the same is available at the Premisescost thereof, pay the entirety including a percentage of the cost of thereof (to be uniformly established for the obtaining Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with other costs or expenses arising from Landlord’s prior written approval, which shall not be unreasonably withheld, subject to involvement with such terms, conditions repairs and requirements as Landlord may specify)replacements forthwith upon being billed for same.

Tenant’s Repairs. Tenant, at its own cost Subject to and expense, shall, except for those structural the items specifically required to be maintained by Landlord under Paragraph 4A hereof (which are Landlord’s repair obligations in Section 7.2 and subject to the requirements therein for provisions of Articles 11 and 13 below, Tenant to repair the same if the damage is caused by shall, at Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in goodown expense, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in goodall portions thereof which were not constructed or installed by or on behalf of Landlord as part of the Base, safeShell and Core, operating condition orincluding all improvements, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debrisfixtures, equipment and other materials of Tenantfurnishings in the Premises (including, its employeeswithout limitation, agentsall non-Base, contractors, invitees Shell and licensees, Core systems and (vi) if Tenant desires railroad spur track service and the same is available at equipment within the Premises, pay including all components and equipment and systems providing distribution from the entirety Base, Shell and Core systems and equipment), in first-class order, condition and repair at all times during the Lease Term, except for ordinary wear and tear and casualty damage which is not specifically made the responsibility of the cost of the obtaining and maintenance of any spur track servicing the Premises (providedTenant under this Lease. In connection with such repair obligations, howeverTenant shall, that no rail spur service will be connected at Xxxxxx’s own expense but subject to the Premises except with Landlord’s prior written approval, approval of Landlord to the extent required under Article 8 (which approval shall not be unreasonably withheld, subject conditioned or delayed), 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 or broken fixtures and appurtenances; provided however, if Tenant fails to make such repairs within thirty (30) days after notice from Landlord and after Landlord has notified Tenant of its intention to do so (or immediately in case of emergency and without notice required from Landlord to Tenant), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay to Landlord, within thirty (30) days after invoice, the actual, reasonable and documented costs thereof, plus an administration fee equal to three percent (3%) of such costs. Landlord may, but shall not be required to, enter the Premises (but except during emergencies if absolutely required to respond to such termsemergency, conditions and requirements as Landlord may specifynot enter Secured Areas, as defined in 23.2 of this Lease) at all reasonable times, and upon at least two (2) business days’ prior notice to Tenant (or with such notice as is reasonable under the circumstances, including telephonic notice, in cases of emergency), to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as shall be necessary or desirable in connection with the first-class management and operation standards for the Building set forth herein, and/or as may be required for Landlord to comply with the provisions of this Lease and/or as may be required by applicable Laws and/or governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize interference with Xxxxxx’s use of and access to the Premises during Xxxxxxxx’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.1.

Tenant’s Repairs. TenantTenant shall, at its Tenant’s own cost and expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein and all heating, ventilating, air conditioning, electrical and utility systems that are located within or exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, except for those structural items specifically required to be maintained by Landlord at Tenant’s own expense, but under Paragraph 4A hereof (the supervision and subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts prior approval of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject conditioned or delayed, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, and ordinary wear and tear; provided however, that Landlord shall have the exclusive right, exercisable at Landlord’s option, but not the obligation, upon reasonable prior notice to Tenant, to make such termsrepairs and replacements in the event Tenant fails to timely do so, conditions and requirements Tenant shall pay to Landlord the reasonable cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor, together with reasonable back-up documentation. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon reasonable prior notice to Tenant (which may be oral and which shall not be required in cases of 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 desire or deem necessary or as Landlord may specify)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 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.

Tenant’s Repairs. Tenant agrees to provide and pay for all ordinary and necessary maintenance and repairs of the interior and exterior of the Premises including, but not limited to, lighting tubes, ballasts, lavatory fixtures and accessories, all glass, all doors, exit signage, janitorial service, refuse and trash removal, heating and air conditioning, electrical, plumbing, and all systems in a professional manner. Tenant shall be solely responsible for the repair, maintenance and replacement of the heating and air conditioning systems of the Premises during the term of the Tenant’s possession of the Premises. The Tenant acknowledges that the present heating and air conditioning system serving the Premises is not adequate for the Tenant’s proposed use of the Premises. Tenant shall be responsible for the maintenance of the roof for a period of one (1) year from the date Tenant completes the tenant improvement work set forth on Exhibit B. For purposes of this provision, the date that Tenant completes such work shall be deemed to be the date Tenant notifies Landlord in writing that such work is complete (the “Tenant Completion Date Notice”). On and after the first year anniversary of the Tenant Completion Date Notice and during the remaining term of this Lease, Landlord shall be responsible for the repair and replacement of the roof. Except in the case of a bona fide emergency, the Tenant agrees to give the Landlord twenty four hours notice prior to entering upon the roof. The Tenant, at its own cost and expense, shall, except for those shall provide all structural items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the Building and the replacement of all mechanical systems serving the Premises, includingincluding without limitation, but not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, the heating and air conditioning systems. The Tenant will contract for landscaping, mechanical systemssnow plowing, electrical systemsshoveling, crane systemssanding, rail spurssalting of sidewalks, dock boardsentrances, truck doors, dock bumpers, paving, plumbing work stairs and fixtures, sewer linesxxxxxx, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so well as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep be certain that the parking areas, driveways areas and alleys surrounding or adjacent to Premises are safe for use by the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its ’s employees, agents, contractors, invitees visitors and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at the Premises, pay the entirety of the cost of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)invitees.

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord's obligation in Paragraphs 9, 10 and 15, Tenant, at its expense, maintain in good repair and condition all portions of the Premises. If Tenant fails to perform any repair for which it is responsible, Landlord may perform the repair if Tenant has not completed the repair within 10 days of Landlord's written notice, and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 9 and 15, Tenant shall bear the full cost of any repair to any part of the Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord, after giving Tenant notice and a reasonable opportunity to perform, may perform such work and be reimbursed by Tenant within 10 days after demand therefor. Subject to Paragraphs 2, 6, 9, 10 and 15, Tenant shall bear the full cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant, its agents, contractors, or invitees and any repair that benefits only the Premises. 12. TENANT-MADE ALTERATIONS AND TRADE FIXTURES. Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises ("Tenant-Made Alterations") shall be subject to Landlord's prior written consent. Any alterations, additions or improvements made by or on behalf of Tenant to the Premises, which are nonstructural, do not affect the roof membrane and cost Five Thousand Dollars ($5,000) or less per project, but not to exceed more than $50,000 over the term of the Lease ("Non-Structural Alterations") shall be excluded from the definition of "Tenant-Made Alterations." Tenant shall cause, at its expense, all Tenant-Made Alterations and Non-Structural Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Tenant-Made Alterations, except for the expense of any alteration or modification required by Legal Requirements applicable or ha effect as of the Commencement Date because Landlord's Work on the Property failed to comply with such Legal Requirements as of the Commencement Date. All Tenant-Made Alterations shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of -6- <PAGE> materials shall be used. All plans and specifications for any Tenant-Made Alterations shall be submitted to Landlord for its approval. Landlord may monitor construction of the Tenant-Made Alterations. Tenant shall reimburse Landlord for its reasonable costs in reviewing plans and specifications and in monitoring construction. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Landlord's right to review plans and specifications and monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules, or regulations. At Landlord's request, Tenant shall obtain payment and performance bonds or to the extent permitted by law, to obtain the waiver of lien in advance for any Tenant-Made Alterations in excess of $5,000 which bonds or evidence of waiver shall be delivered to Landlord prior to commencement of work on the Tenant-Made Alterations and shall be in form and substance satisfactory to Landlord. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such contractors and subcontractors. Tenant, at its own cost and expenseexpense and without Landlord's prior approval, shallmay erect such shelves, except for those structural bins, machinery and trade fixtures (collectively "Trade Fixtures") which Tenant uses in the ordinary course of its business provided that such items specifically required to be maintained by Landlord under Paragraph 4A hereof (subject to do not alter the requirements therein for Tenant to repair the same if the damage is caused by Tenant’s fault) (i) maintain and repair all parts basic character of the Premises and keep them in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (ii) promptly make all necessary repairs and replacements to the Premises and the systems serving the Premises, including, but do not limited to, windows, glass and plate glass doors, any special office entry, interior walls and finish work, doors and floor covering, downspouts, gutters, heating and air conditioning systems, mechanical systems, electrical systems, crane systems, rail spurs, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, sewer lines, as necessary to keep the Premises and facilities in good, safe, operating condition or, if better, the condition that exists on the Effective Date hereof, (iii) provide termite and pest extermination as needed to keep the Premises free from insect and/or rodent infestations, (iv) provide for regular removal of Tenant's trash and debris, and proper disposal thereof in a licensed waste facility, and other cleaning and upkeep so as to keep the Premises in a neat and reasonably clean and sanitary condition, (v) keep the parking areas, driveways and alleys surrounding overload or adjacent to the Premises in a clean, safe and sanitary condition free of all refuse, debris, equipment and other materials of Tenant, its employees, agents, contractors, invitees and licensees, and (vi) if Tenant desires railroad spur track service and the same is available at damage the Premises, pay and may be removed without injury to the entirety Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's requirements. Subject to Paragraph 21, upon the expiration of the cost Lease Term, Tenant shall remove its Trade Fixtures and shall repair any damage caused by such removal, by the last day of the obtaining and maintenance of any spur track servicing the Premises (provided, however, that no rail spur service will be connected to the Premises except with Landlord’s prior written approval, which shall not be unreasonably withheld, subject to such terms, conditions and requirements as Landlord may specify)Lease Term. 13.