Common use of By Landlord Clause in Contracts

By Landlord. Landlord shall be responsible, at its expense, only for the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls required due to the fault or omission of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsible.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement to the extent set forth in Section 4, only for keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) the structural soundness of Building’s Structure; (2) Building standard mechanical (including HVAC), electrical, heating, plumbing and fire/life safety systems serving the roof, foundation and exterior walls Project generally; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Project; and (6) elevators serving the Building. Any Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. If any of the foregoing maintenance or repair to the roof, foundation or exterior walls required is necessitated due to the fault acts or omission omissions of Tenantany Tenant Party, or its agents, employees, guests or invitees Tenant shall be pay the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost costs of such repairs or maintenance or to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to ten percent (10%) of the curing cost of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for the repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Project pursuant to Landlord’s rights and obligations under the Lease. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations and access to the Premises in making such repairs. To the extent allowed by law, Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and the right to terminate the Lease under Section 1932(1) of the California Civil Code, and any other laws, statutes or ordinances now or hereafter in effect of like import. Notwithstanding the foregoing, if: (i) the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) because of the grossly negligent performance of any repair or maintenance work by Landlord, its employees, agents or contractors, or grossly negligent failure to perform any covenant repair or obligation of maintenance work that Landlord is responsible for performing pursuant to this Lease, ; (ii) Tenant provides an Interruption Notice with respect thereto; (iii) such condition does not arise in whole or be liable in damages to Tenant, so long part as the performance or non-performance a result of the covenant or obligation is delayed, caused by, or prevented by an act or omission of God a Tenant Party; (iv) such condition is not caused by a fire or force majeure. An “act other Casualty; and (v) the cause of God” or “force majeure” such condition is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by then, Tenant’s sole remedy therefor shall be as follows: on the exercise tenth (10th) consecutive Business Day following the latest to occur of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the first sixty (60) days following the Commencement Date percentage of the Lease unless the need for such repairs or replacements is caused Premises so rendered untenantable and not used by Tenant, in which case, Tenant and such abatement shall be monetarily responsiblecontinue until the date the Premises become tenantable again.

By Landlord. Landlord shall be responsibleExcept as set forth in Section 11(b) or on Exhibit E attached hereto, at its all times during the term of this Lease, at Landlord’s sole expense, only for the structural soundness of Landlord shall: (i) maintain in good condition and repair (x) the roof, foundation exterior walls, foundation, and exterior walls structural portions of the Building. Any repair Improvements and all portions of the electrical (except ballasts and bulbs) and plumbing systems lying outside the Improvements but serving the Improvements, and (y) the portion of the Premises located outside the building, including, but not limited to, the parking lot and landscaped areas; (ii) shall be responsible for the cost of all major (non-routine) repairs and/or replacement of any of the Buildings’ systems, including, without limitation, the heating, ventilating and air conditioning systems, the plumbing and sewage system, the elevator system, all windows and doors within the Buildings; (iii) shall perform all repairs, alterations or modification to the roofPremises that are necessary for the Premises to remain in compliance with any existing or future laws, foundation ordinances, orders, rules, regulations or exterior walls required due requirements of all federal, state and municipal governments. The foregoing shall not apply to the fault repairs, alterations or omission modifications made necessary solely as a result of Tenant’s specific use of the Premises, which repairs, alterations or its agents, employees, guests or invitees modifications shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect If any of the Premises to any defects, repairs or maintenance for which Landlord is responsible shall become defective during the term of this Lease, Landlord shall immediately repair and restore the defective part to working condition. In the event Landlord fails or refuses to commence repair of the defective condition, or make replacement as the case may be, after a period of three (3) days from receipt of notice from the Tenant, Tenant may cause the same to be remedied at its expense under this Lease shall be limited to Landlord’s expenses and deduct the cost from the next installment of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance ExpensesMonthly Rental; provided, Landlord will be responsible for landscaping and maintenance of common areas and parking areashowever, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required liable to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible Tenant for any repairs/replacements caused by any non- working interior items including but not limited damage Tenant may sustain to electricalits business, plumbing and mechanical merchandise or equipment within the Premises for the first sixty (60) days following the Commencement Date as a result of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibledefective condition.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement under Exhibit C, only for keep the structural soundness foundation, the exterior walls (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), and roof structure of the roofPremises in good repair. Landlord, foundation and exterior walls of however, shall not be required to repair any damage resulting from the Building. Any repair to the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord prompt written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of this inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under the Lease, or be liable in damages provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business while performing such repairs and maintenance. In addition, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant Project or obligation is delayedComplex, caused byas applicable, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease subject to reimbursement as strikesset forth in Exhibit C. TENANT HEREBY WAIVES AND RELEASES ITS RIGHT TO MAKE REPAIRS AT LANDLORD’S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER ANY SIMILAR LAW, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleSTATUTE OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

By Landlord. Landlord For purposes of this paragraph, references to governmental laws shall include all present and future laws, rules, orders, ordinances, regulations, statutes, requirements, conditional use permits, codes and executive orders of all governmental authorities, including, but not limited to, the Americans With Disabilities Act, and all rules, regulations and governmental orders in connection therewith, and any of the foregoing relating to Hazardous Material, environmental matters, public health and safety matters, any applicable fire rating bureau or other body exercising similar functions, and all requirements of all insurance bodies or Landlord's insurance companies affecting the Property. Tenant (and not Landlord) shall be responsible, at its expense, only responsible for the structural soundness repair, maintenance and remediation of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls required Property due to the fault presence of any molds in compliance, including all notices thereunder, with the Toxic Mold Protection Act of 2001, other than any molds present at or about the Property on or before the first to occur of the Commencement Date of this Lease or Tenant's occupancy of that portion of the Property where such molds are present. If any portion of the Property or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of whether the benefit of such replacement extends beyond the Lease Term. If any part of the Property or the Project is damaged by any act or omission of Tenant, or its agents, employees, guests or invitees Tenant shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which pay Landlord is responsible at its expense under this Lease shall be limited to the cost of repairing or replacing such repairs damaged property, whether or maintenance not Landlord would otherwise be obligated to pay the cost of maintaining or the curing of repairing such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform property under any covenant or obligation other provision of this Lease, or be liable in damages . See Paragraph 6.7(d) for Landlord's use of certain reserve amounts to Tenant, so long as the performance or non-performance maintain certain portions of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of properties comprising the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleProject.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement as set forth in Exhibit C, only for the keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) structural soundness of the roof, foundation and exterior walls elements of the Building. Any repair to ; (2) standard mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the roof, foundation or exterior walls required due to Building generally; (3) Common Areas; (4) the fault or omission roof of Tenant, or its agents, employees, guests or invitees the Building that shall be maintained in a watertight condition; (5) exterior windows of the sole responsibility of TenantBuilding that shall be maintained in a watertight condition; and (6) elevators serving the Building. The term “walls” as used in this Paragraph 7(a) Landlord shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect be liable for any failure to make any defects, such repairs or to perform any maintenance unless such failure shall persist for which Landlord is responsible at its expense under this Lease shall be limited to an unreasonable time after written notice of the cost need of such repairs or maintenance is given to Landlord by Tenant. If this Lease places an affirmative obligation upon Tenant to act, and if any of the foregoing maintenance or repairs are necessitated due to the curing acts or omissions of any Tenant Party, Tenant shall pay the costs of such defect. As expenses included repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in Common Area Maintenance Expensesan amount equal to fifteen percent (15%) of the cost of the repairs, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord provided that prior written notice is provided by Landlord to Tenant prior to the commencement of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure any such defectwork. Landlord shall not be required liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Project pursuant to Landlord’s rights and obligations under the Lease; provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business while performing such repairs and maintenance. To the extent allowed by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect, provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business while performing such repairs and maintenance. If Landlord fails to make any repairs or to perform any covenant or obligation maintenance required of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections Landlord hereunder and any other similar cause not reasonably within the control of Landlord’s reasonable control, and which by the exercise such failure shall persist for an unreasonable time (not less than thirty [30] days) after written notice of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements maintenance is caused by Tenantgiven to Landlord (although notice shall not be required in the event of an emergency, in which caseprovided that Tenant has made reasonable efforts to notify Landlord of such emergency) and unless Landlord has commenced such repairs or maintenance during such period and is diligently pursuing the same, Tenant may (but shall not be monetarily responsiblerequired to) following a second notice (which notice shall have a heading in at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (5) days after receipt of such second notice, perform such repairs or maintenance in accordance with the provisions of this Lease governing Tenant’s repairs and Alterations and Landlord shall reimburse Tenant for all reasonable costs and actual expenses therefor within thirty (30) days after presentation of appropriate invoices and back-up documentation.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement as set forth in Exhibit C, only for keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) the structural soundness of Building’s Structure; (2) the roof, foundation and exterior walls Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building, if any. Any repair If a shifting or settling of the foundation of the Building causes damage to Tenant’s flooring or wall covering, then Landlord agrees to make cosmetic repairs thereto, but shall not be required to replace same unless it causes a safety issue or materially interferes with Tenant’s use of the Premises for the Permitted Use. In addition: (i) if a shifting or settling of the foundation of the Building causes damage to the roofwindows of the Premises, foundation Landlord shall repair or exterior walls required replace such windows at Landlord’s cost; and (ii) Landlord shall replace ceiling tiles which are damaged due to the fault or omission of roof leaks not caused by Tenant, or its agents, employees, guests agents or invitees contractors. With respect to the foregoing, Landlord acknowledges and agrees that all such maintenance shall be performed to a standard comparable to the sole responsibility maintenance standards for comparable buildings in the CentrePort submarket of TenantDallas/Ft. The term “walls” as used in this Paragraph 7(a) Worth, Texas. Landlord shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect be liable for any failure to make any defects, such repairs or to perform any maintenance unless such failure shall persist for which an unreasonable time after Landlord is responsible at its expense under this Lease shall be limited to first learns of the cost need for the subject repair or maintenance whether through written notice of the need of such repairs or maintenance by Tenant or otherwise. If any of the curing foregoing maintenance or repair is necessitated due to the acts or omissions of any Tenant Party, Tenant shall pay the costs of such defect. As expenses included repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance an amount equal to ten percent (10%) of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice the cost of defects or need for the repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under the Lease, provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business while OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 8 performing such repairs and maintenance. Except as otherwise specifically provided for herein to the contrary, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. If Landlord fails to make any repairs or to perform any covenant or obligation maintenance required of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections Landlord hereunder and any other similar cause not reasonably within the control of Landlord’s reasonable control, and which by the exercise such failure shall persist for an unreasonable time (not less than thirty (30) days) after written notice of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements maintenance is caused by Tenantgiven to Landlord and unless Landlord has commenced such repairs or maintenance during such period and is diligently pursuing the same, in which caseand such failure creates a risk of bodily injury or property damage, Tenant may (but shall not be monetarily responsiblerequired to) following a second notice (which notice shall have a heading in at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (5) days after receipt of such second notice, perform such repairs or maintenance in accordance with the provisions of this Lease governing Tenant’s repairs and Alterations and Landlord shall reimburse Tenant for all reasonable costs and expenses therefor within thirty (30) days after presentation of appropriate invoices and back-up documentation.

By Landlord. Except as otherwise provided in Section 10.2 above, Landlord shall be responsible, at its expense, only responsible for maintaining the structural soundness components of the roofPremises (including, foundation and but not necessarily limited to, the foundation, floor slab, exterior walls and roof of the Building. Any ) in good repair to and appearance during the roof, foundation or exterior walls required due to the fault or omission term of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doorsLease. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenseshowever, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform make any covenant repairs occasioned by the act or obligation negligence of Tenant, its agents, contractors, or employees (including, but not limited to, roof leaks resulting from Tenant's installation of equipment in the Building). All repairs by Landlord shall be comparable in quality to the condition of the Premises as of the commencement of the Term. Tenant may notify Landlord, pursuant to Section 22, of any Landlord repair under this Section 11 which is necessary in Tenant's reasonable judgment. Such notice from Tenant shall include a description of the necessary repair. Upon receipt of notice, Landlord shall promptly commence and diligently pursue to completion such repair. Landlord and its contractors and repairmen: (a) shall use commercially reasonable efforts to minimize interference with Tenant's conduct of business at the Premises and (b) shall only enter the Premises at times mutually agreed upon by the parties to this Lease, or be liable except in damages to Tenantthe case where entrance is necessary in the event of an emergency. If Landlord has not commenced the repair requested by Tenant within twenty (20) days of written notice from Tenant of same, so long as the performance or non-performance of the covenant or obligation Tenant may, but is delayednot obligated to, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control commence such repair in place of Landlord. Any actual, and out-of-pocket costs which Tenant or any third-party engaged by the exercise of due diligence Landlord is unable, wholly or Tenant reasonably incurs in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for making such repairs or replacements is caused by Tenant, in which case, Tenant repair shall be monetarily responsiblepaid by Landlord within twenty (20) business days after demand (with documentation verifying the nature and cost of such repair) and if not so paid, the cost thereof may be set-off against installment(s) of Base Rent next coming due.

By Landlord. Landlord shall, subject to reimbursement under Exhibit C (to the extent such costs are reimbursable therein), keep the Building’s Structure in good repair and working condition. Notwithstanding anything to the contrary contained in this Lease, any defects in design or construction of the Base, Shell and Core shall be responsiblecorrected by Landlord at Landlord’s sole cost. Landlord, at its expensehowever, only for shall not be required to make any repairs occasioned by the structural soundness of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees any other new roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be subject to Sections 14 and 15 of this Lease. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. give immediate written notice thereof to Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of this inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under the Lease, provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business or be liable in damages Tenant’s access to Tenantthe Premises and/or parking areas while performing such repairs and maintenance. In addition, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant Project or obligation is delayedComplex, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenantapplicable, in which casea manner consistent with first class office and biotech buildings in Brisbane, Tenant shall be monetarily responsibleCalifornia, subject to reimbursement as set forth in Exhibit C (to the extent such costs are reimbursable therein). TENANT HEREBY WAIVES AND RELEASES ITS RIGHT TO MAKE REPAIRS AT LANDLORD’S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER ANY SIMILAR LAW, STATUTE OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

By Landlord. Except as expressly otherwise set forth herein, Landlord shall be responsibleperform all maintenance and shall make all repairs and replacements to the Premises and the Building, at its expenseincluding, only but not limited to the base building structure and systems, the exterior walls, load bearing elements, foundation, pipes, conduits, roof, and common areas, and the mechanical, life/safety, electrical, HVAC, and plumbing systems that are a part of the base Building, in a manner befitting comparable office buildings in the Tysons Corner market. In addition to Tenant’s obligation to reimburse Landlord for maintenance, repairs and replacements pursuant to Article IX hereof, Tenant shall reimburse Landlord for the structural soundness cost of (a) all repairs and replacements to the Premises performed by Landlord at the request of Tenant which Landlord is not otherwise required to perform under the terms of this Lease, and (b) all repairs and replacements to the Project which are necessitated as a result of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation acts or exterior walls required due to the fault or omission omissions of Tenant, or its agents, employees, guests contractors, licensees or invitees invitees. Amounts payable by Tenant pursuant to this Section 11.01 shall be due and payable within thirty (30) days after receipt of an invoice therefor from Landlord. Landlord has no obligation and has made no promise to maintain, alter, remodel, improve, repair, decorate or paint the sole responsibility Premises, except as expressly set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any fixtures, personal property or specialty (i.e., non-building standard) items of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass except where necessitated by the negligence or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control intentional misconduct of Landlord, and which by the exercise of due diligence Landlord is unableits agents, wholly employees, or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsiblecontractors.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement under Exhibit C, only for keep the structural soundness of foundation, the roofBuilding’s Structure, foundation and the exterior walls (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), the Loading Dock (if used in common by tenants of the Building) and roof of the Premises in good repair. Any repair Landlord, however, shall not be required to make any repairs occasioned by the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, invitees, customers, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord immediate written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of this inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under the Lease. In addition, or be liable in damages to Tenant, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant Project or obligation is delayedComplex, caused byas applicable, or prevented subject to reimbursement as set forth in Exhibit C. To the extent allowed by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which caselaw, Tenant shall be monetarily responsiblewaives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement under Exhibit C, only for keep the structural soundness Building’s Structure (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), the roofBuilding’s Systems serving the Common Areas, foundation and exterior walls the Loading Dock (if used in common by tenants of the Building) and the roof and foundation of the Premises in good repair. Any repair Landlord, however, shall not be required to make any repairs caused by or attributable to the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, invitees, customers, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord immediate written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. In connection with such repairs, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s access and use of the Premises. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation for any loss of income or profit therefrom or for inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under this LeaseLease or due to any remodeling or other renovations undertaken by Landlord. In addition, or be liable in damages to Tenant, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant or obligation is delayedComplex subject to reimbursement as set forth in Exhibit C. To the extent allowed by law, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the public enemyCalifornia Civil Code, warsand the right to terminate the Lease under Section 1932(1) of the California Civil Code, insurrections and any other similar cause not reasonably within the control laws, statutes or ordinances now or hereafter in effect of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsiblelike import.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement to the extent permitted under Exhibit C, only keep the foundation, the exterior walls (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware and special store fronts; the lighting, heating, steam, air conditioning, life-safety, plumbing (inclusive of sanitary and storm drainage systems) and other electrical, mechanical (including elevators) and electromotive installation, equipment and fixtures in or serving the Building/Project (the “Building Systems”; for avoidance of doubt, the structural soundness Building Systems do not include supplemental air conditioning units and similar equipment installed by Tenant dedicated to Tenant’s specific use of certain spaces within the Premises, as opposed to systems serving the Building and Project generally); signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), and roof structure of the roofPremises in good repair. Landlord, foundation and exterior walls of however, shall not be required to repair any damage resulting from the Building. Any repair to the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord prompt written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of this inconvenience caused due to any work performed in the Project pursuant to Landlord’s rights and obligations under the Lease, or be liable in damages provided, however, Landlord shall use commercially reasonable efforts to Tenantnot disturb the normal conduct of Xxxxxx’s business while performing such repairs and maintenance. In addition, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant or obligation is delayedProject, caused byas applicable, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikessubject to reimbursement to the extent permitted pursuant to Exhibit C. TENANT HEREBY WAIVES AND RELEASES ITS RIGHT TO MAKE REPAIRS AT LANDLORD’S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER ANY SIMILAR LAW, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleSTATUTE OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

By Landlord. Except for defects occurring solely as a result of Tenants actions for which Tenant shall bear sole responsibility and cost, Landlord shall be responsiblecovenants and agrees, at its expenseexpense without reimbursement or contribution by Tenant, only for to keep, maintain and replace, if necessary, the plumbing system, the electrical system, the utility lines and connections to the Premises, the sprinkler mains, if any, and structural soundness of systems including, without limitation, the roof, foundation roof membrane roof covering (including interior ceiling if damaged by leakage) and exterior load-bearing walls and floor slabs and foundations necessary to preserve or maintain the useful life of any such component or system. In the event the Premises become or are out of repair and not in normal operating condition due to either the failure of Landlord to comply with the terms of this Section 14 or which constitute a Latent Defect, then Landlord shall perform or cause to be performed any and all repairs necessary to restore the Premises to a state of normal operating condition and repair. If such repairs are not completed within ten (10) days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and Landlord shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Tenant may either (i ) terminate this Lease immediately upon delivery of written notice to Landlord if such failure to repair materially and adversely affects Tenant's operation of its business in the Premises or poses a threat to the safety of Tenant's employees or the integrity of the Building. Any repair to the roof, foundation or exterior walls required due to the fault or omission of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a(ii) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, prosecute such repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to itself and apply the cost of such repairs against the next maturing monthly installment or maintenance or the curing installments of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of Rent due diligence Landlord is unable, wholly or in part, to prevent or overcomehereunder. Notwithstanding the foregoingforegoing in the case of an emergency (such as, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electricalwithout limitation, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which caseleaky roof), Tenant shall be monetarily responsiblehave the right to prosecute immediately any and all necessary repairs and shall deliver contemporaneous notification to Landlord of the emergency and related repairs and offset the cost of such repairs against the next maturing monthly installment or installments of Rent due hereunder; provided further that if contemporaneous notice is not practicable, as determined by Tenant in its sole judgment, then Tenant shall provide such notice as soon thereafter as reasonably practicable.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement to the extent permitted under Exhibit C, only keep the foundation, the exterior walls (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware and special store fronts; the lighting, heating, steam, air conditioning, life-safety, plumbing (inclusive of sanitary and storm drainage systems) and other electrical, mechanical (including elevators) and electromotive installation, equipment and fixtures in or serving the Building/Project (the “Building Systems”; for avoidance of doubt, the structural soundness Building Systems do not include supplemental air conditioning units and similar equipment installed by Tenant dedicated to Tenant’s specific use of certain spaces within the Premises, as opposed to systems serving the Building and Project generally); signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), and roof structure of the roofPremises in good repair. Landlord, foundation and exterior walls of however, shall not be required to repair any damage resulting from the Building. Any repair to the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord prompt written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of this inconvenience caused due to any work performed in the Project pursuant to Landlord’s rights and obligations under the Lease, or be liable in damages provided, however, Landlord shall use commercially reasonable efforts to not disturb the normal conduct of Tenant’s business while performing such repairs and maintenance. In addition, so long as Landlord shall maintain the performance or non-performance Common Areas of the covenant or obligation is delayedProject, caused byas applicable, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikessubject to reimbursement to the extent permitted pursuant to Exhibit C. TENANT HEREBY WAIVES AND RELEASES ITS RIGHT TO MAKE REPAIRS AT LANDLORD’S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER ANY SIMILAR LAW, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleSTATUTE OR ORDINANCE NOW OR HEREAFTER IN EFFECT.

By Landlord. Landlord shall be responsibleresponsible for maintaining and repairing all structural portions of the Building, at its expense, only for the structural soundness of and shall maintain and repair the roof, foundation ceiling, slabs, curtain wall, exterior glass and exterior walls mullions, columns, beams and shafts (including any elevator shafts, as applicable), stairs, stairwells, parking facilities, elevator(s) and elevator cabs (as applicable), mechanical closets, washrooms, sidewalls, and foundations of the Building (collectively, “Building Structure”) in good, clean and safe condition and repair. Landlord shall maintain all landscaping, driveways, fences, signs, sidewalks, curbs and the other Common Areas immediately adjoining the Building. Any Landlord shall be responsible for maintenance and repair of all mechanical, life safety, sprinkler, plumbing, heating, electrical (including electrical closets), air conditioning and ventilation systems (collectively, “Building Systems”). Except as otherwise provided in this Lease, Landlord shall have no liability to the roof, foundation or exterior walls required due to the fault or omission of Tenant, nor shall Tenant’s obligations under this Lease be reduced or its agentsabated in any manner whatsoever by reason of any inconvenience, employeesannoyance, guests interruption or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect injury to business arising from Landlord making any defects, repairs or maintenance for changes which Landlord is responsible at its expense under required or permitted by this Lease shall be limited or by any other tenant’s lease or required by applicable Laws to make to any portion of the cost of such repairs or maintenance Building or the curing of such defectPremises. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a use reasonable opportunity efforts to repair same or cure such defect. minimize any interference with Tenant’s business at the Premises, but Landlord shall not be required to have work done during other than Business Hours. If Tenant fails to maintain the Premises as required in Section 7.1, Landlord may give Tenant 30 days’ written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest from the date of such work at the lesser of 10% per annum or the highest rate legally permitted. Landlord shall have no liability to Tenant for any covenant or obligation of this Leasedamage, inconvenience, or be liable in damages to Tenant, so long interference with the use of the Premises by Tenant as the performance result of performing any such work. All repairs, maintenance work, and alterations performed by Landlord shall be performed in accordance with applicable Laws. Notwithstanding anything in this Section 7.2 or non-performance the Lease to the contrary and except as provided in Sections 14 and 15 below, in the event Tenant’s access to or use, enjoyment and occupancy of the covenant or obligation Premises is delayed, caused by, or prevented impaired by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts reason of the public enemynegligence or intentional acts or omissions of Landlord or its agents or employees (including, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to, the failure to electrical, plumbing and mechanical equipment within maintain the Premises or the Building pursuant to this Section 7.2 or to provide the services required under Section 9.1 below), then the payment of Rent shall be abated to the extent of and during the period of such impairment. Tenant shall provide Landlord with prompt written notice of any such impairment, including, without limitation, a detailed description of the portion(s) of the Premises affected and the alleged cause thereof (the “Impairment Notice”). Furthermore, if such impairment is substantial and continues for the first a period of sixty (60) days or more following the Commencement Date Landlord’s receipt of the Lease unless the need for such repairs Impairment Notice, then in addition to any other rights or replacements is caused by Tenant, remedies which Tenant may have at law or in which caseequity, Tenant shall have the right to terminate the Lease by written notice to Landlord within five (5) days of the end of such 60-day period; provided, however, Tenant shall have no right to terminate this Lease if Landlord begins to cure such impairment within such sixty (60) day period and thereafter continues to diligently prosecute such cure to completion. As used herein, the following terms shall have the following meanings: (i) Tenant’s access to or use, enjoyment and occupancy of the Premises shall be monetarily responsibledeemed “impaired” if for a period of ten (10) consecutive days following Landlord’s receipt of the Impairment Notice it shall be impossible or commercially impracticable for Tenant to conduct business from the Premises or any portion thereof and Tenant does not use the Premises or such portion thereof; (ii) such impairment shall be deemed to be caused by the “negligence or intentional acts or omissions of Landlord or its agents or employees” to the extent that such impairment results from an intentional act or a negligent act or omission of Landlord or its agents or employees (including, but not limited to, the failure to maintain the Premises or the Building pursuant to this Section 7.2 or to provide the services required under Section 9.1 below); and (iii) an impairment shall be deemed to be “substantial” if more than twenty-five percent (25%) of the Premises becomes untenantable or unusable under the foregoing standards and Tenant does not use such portion of the Premises. In addition, if Landlord fails to undertake and complete all necessary maintenance or repairs as required under this Lease then thirty (30) days after written request (or such longer period as is necessary if the repair cannot be reasonably completed within the thirty (30) day period and Landlord promptly commences and is diligently pursuing completion of such repair), Tenant shall have the right, to undertake and complete such maintenance or repairs at Landlord’s cost and expense. In addition, in the event such a failure results in a material interference with Tenant’s operation of its business, and Landlord does not immediately, after written notice from Tenant, commence, and with all due diligence, continue the cure of such failure, including taking any immediate steps necessary to lessen the impact on Tenant’s business, Tenant shall have the right to undertake and complete such maintenance or repairs at Landlord’s cost and expense. Landlord shall be responsible for payment of all reasonable costs and expenses incurred by Tenant in connection with the exercise of its rights under this Section. Landlord shall have thirty (30) days from receipt of said invoice(s) and reasonable supporting documentation for such costs to make payment in full. In the event Landlord fails to tender full payment within said thirty (30) day period, Tenant may thereafter begin to offset all Rent due under this Lease until the entire cost has been recovered.

By Landlord. Landlord shall be responsible, at its expense, only for maintain and repair the structural soundness common areas of the roofProject, foundation and exterior walls Building’s structure, the core portions of the Building’s Systems (including base electrical, HVAC, life-safety, plumbing and sprinkler systems which do not exclusively serve the Leased Premises), the parking areas and other exterior areas of the Project, including driveways, alleys, landscape and grounds of the Project and utility lines in a good condition, consistent with the operation of similar Class A office buildings in the market in which the Project is located, including maintenance, repair and replacement of the exterior of the Project (including painting), landscaping, sprinkler systems and any items normally associated with the foregoing. Any repair All costs in performing the work described in this Section shall be included in Operating Costs except to the roof, foundation or exterior walls required due extent specifically excluded {W1007584.6} 10 3641172.v9 hereunder. In no event shall Landlord be responsible for alterations to the fault or omission Building’s Structure required by applicable law because of Tenant, ’s use of the Leased Premises or its agents, employees, guests alterations or invitees improvements to the Leased Premises made by or for Tenant (which alterations shall be made by Landlord at Tenant’s sole cost and expense) (Landlord hereby acknowledges and agrees that it has constructed the sole responsibility of TenantBuilding and the Building systems in a manner that will support normal office use in the Leased Premises). The term “walls” as used Notwithstanding anything to the contrary contained herein, Landlord shall, in this Paragraph 7(a) shall not include windowsits commercially-reasonable discretion, glass or plate glassdetermine whether, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect and to any defectsthe extent, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to replacements are the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior paintingappropriate remedial action, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required liable for failure to perform make any covenant or obligation repairs until receipt of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance written notice from Tenant of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleand a reasonable time for Landlord to commence and complete such repairs.

By Landlord. Landlord shall be responsibleshall, at its expensesubject to reimbursement under Exhibit C, only for keep the structural soundness of foundation, the roof, foundation and exterior walls (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), the Loading Dock (but only if used in common by tenants of the Building) and roof of the Premises in good condition and repair. Any repair Landlord, however, shall not be required to make any repairs occasioned by the roof, foundation act or exterior walls required due to the fault or omission negligence of Tenant, or its agents, contractors, employees, guests subtenants, invitees, customers, licensees and concessionaires (including, but not limited to, roof leaks resulting from Xxxxxx’s installation of air conditioning equipment or invitees shall any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited subject to the cost casualty and condemnation provisions of such this Lease. In the event that the Premises should become in need of repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expensesrequired to be made by Landlord hereunder, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord immediate written notice of defects or need for repairs, after which thereof to Landlord and Landlord shall have a reasonable opportunity time after receipt by Landlord of such written notice in which to repair same or cure make such defectrepairs. Landlord shall not be required liable to perform Tenant for any covenant interruption of Tenant’s business or obligation of inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under this Lease. In addition, or be liable in damages to Tenant, so long as Landlord shall maintain the performance or non-performance Parking Area and the Common Areas of the covenant Project or obligation is delayedComplex, caused byas applicable, or prevented subject to reimbursement as set forth in Exhibit C. To the extent allowed by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikeslaw, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the public enemyCalifornia Civil Code, warsand the right to terminate the Lease under Section 1932(1) of the California Civil Code, insurrections and any other similar cause not reasonably within the control laws, statutes or ordinances now or hereafter in effect of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsiblelike import.

By Landlord. Landlord shall, without reimbursement from Tenant, pay for any repairs and alterations necessary to comply with any current or future requirements of any governmental or quasi-governmental authority having jurisdiction, provided Landlord shall be responsiblehave received notice of violation of such laws or requirements prior to the Commencement Date. Landlord shall, at its Tenant's expense, only for maintain the structural soundness of Premises and the roofimprovements thereon (including all doors, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls required due to the fault or omission of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doorsand heating, special store frontsair conditioning, office entries or exterior doorsventilation, electrical and plumbing systems serving the Premises), in good condition and repair subject to reimbursement to the extent provided in Article 6. Landlord’s liability Landlord shall provide janitorial services to the extent set forth on Exhibit D attached hereto. Landlord shall maintain the Project and all Common Areas in good condition and repair in accordance with respect to any defectsstandards then prevailing for comparable properties of like age and character, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such which is to be included as an Operating Cost, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, servants, visitors or licensees, in which case the Landlord shall nevertheless make the repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. but Tenant shall pay to Landlord, immediately give Landlord written notice of defects or need for repairsupon demand, after which Landlord shall have a reasonable opportunity to repair same or cure such defectthe costs relating thereto. Landlord shall not be required to perform any covenant liable or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited breakdowns or temporary interruptions in access or utilities nor for interference with Tenant's business or Tenant's access to electrical, plumbing and mechanical equipment within the Premises for during the first sixty (60) days following the Commencement Date course of the Lease unless the need for such repairs or replacements is caused by remedial work. Landlord shall use reasonable efforts to make repairs in a manner designed to minimize interference with Tenant, in which case, Tenant shall be monetarily responsible's business operations or access to the Premises.

By Landlord. On the Effective Date, Landlord represents and warrants to Tenant that each of the following is in all material respects true, correct and complete so as to not be misleading: A. Landlord has delivered to Tenant true and correct copies of the Environmental Documents. The reports and documents relating to the environmental condition of the Project are voluminous and are not located in one place, and no individual employed or retained by Landlord knows the full extent of the environmental condition concerning the Project. Landlord has inquired of its departments and has received no response indicating that there are any environmental reports, assessments or correspondence that materially change the information concerning Contamination of the Project contained in the Environmental Documents which have been delivered to Tenant. B. Except as disclosed in the Environmental Documents, Landlord has no reasonable cause to believe that: (i) Any underground storage tanks or asbestos-containing building materials are present on the Project; nor (ii) Any Claim or request for investigation by Landlord of the Project is pending which asserts that Landlord is liable for Contamination of the Project; nor (iii) Any Contamination is present on the Project. However, none of the foregoing representations by Landlord shall in any way modify any of the rights and remedies of the parties under this Lease or the DDA, including, without limitation, those covenants and indemnities of the parties relating to Contamination and Environmental Claims. If a change of circumstances occurs on or before the Commencement Date which causes Landlord's representations or warranties above to become untrue, Landlord shall immediately inform Tenant of the same, and Tenant shall have the right to terminate this Lease pursuant to Section 9.1(a) of the DDA. If Landlord does not provide Tenant with written notice of any change of circumstances, then Landlord shall be responsible, at its expense, only for deemed to have remade the structural soundness foregoing representations and warranties as of the roof, foundation and exterior walls of the Building. Any repair to the roof, foundation or exterior walls required due to the fault or omission of Tenant, or its agents, employees, guests or invitees shall be the sole responsibility of Tenant. The term “walls” as used in this Paragraph 7(a) shall not include windows, glass or plate glass, interior doors, special store fronts, office entries or exterior doors. Landlord’s liability with respect to any defects, repairs or maintenance for which Landlord is responsible at its expense under this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. As expenses included in Common Area Maintenance Expenses, Landlord will be responsible for landscaping and maintenance of common areas and parking areas, exterior painting, and common sewage line plumbing. Tenant shall immediately give Landlord written notice of defects or need for repairs, after which Landlord shall have a reasonable opportunity to repair same or cure such defect. Landlord shall not be required to perform any covenant or obligation of this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused by, or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, wars, insurrections and any other similar cause not reasonably within the control of Landlord, and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome. Notwithstanding the foregoing, Landlord agrees to be monetarily responsible for any repairs/replacements caused by any non- working interior items including but not limited to electrical, plumbing and mechanical equipment within the Premises for the first sixty (60) days following the Commencement Date of the Lease unless the need for such repairs or replacements is caused by Tenant, in which case, Tenant shall be monetarily responsibleDate.