Common use of By Tenant Clause in Contracts

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premises.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services (1) Tenant shall maintain all parts of the Premises and their appurtenances (except those for which Landlord is expressly responsible under this Lease) in good, clean and sanitary condition at its own expense. Tenant shall promptly make all necessary repairs and replacements to the Premises under Section 16.5 (Other Services)Premises, including, but not limited to, electric light lamps or tubes, windows, glass and plate glass, interior and exterior doors, any special office entry, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures other than common building sewage lines. Tenant shall be obligated to repair wind damage to glass caused by events other than hurricanes or tornadoes. Otherwise, however, Tenant willshall not be obligated to repair any damage caused by fire, hurricane, tornado or other casualty covered by the insurance maintained by Landlord. (2) Tenant shall not damage or disturb the integrity, structural soundness, or support of any wall, roof, or foundation of the Premises. Any damage to these walls caused by Tenant or its employees, agents or invitees shall be promptly repaired by Tenant at its sole cost and expense. (3) Tenant shall, at its sole costown cost and expense, keep enter into a regularly scheduled preventive maintenance/service contract with a licensed maintenance contractor for servicing all heating and air conditioning systems and equipment within the Premises Premises. The maintenance contractor and the fixtures, improvements, equipment, contract must be approved by Landlord; such approval not to be unreasonably withheld or delayed. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and finishes must become effective (and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof a copy delivered to Landlord) within thirty (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”30) and will cause no waste or injury thereto. As part days of the Maintenance Activitiesdate Tenant takes possession of the Premises. If Tenant fails to enter into such service contract as required, Tenant Landlord shall be solely responsible have the right to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord do so on Tenant’s behalf and whether installed at Tenant’s or Landlord’s costTenant agrees to pay Landlord the reasonable cost and expense of same as Additional Rent. Notwithstanding the foregoing, Landlord agrees to deliver all new and Landlord has no obligation existing HVAC units in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply good working condition prior to the services Commencement Date of the Lease. So long as Tenant maintains the preventative maintenance/service contract stated above, then Landlord will warrant all new and existing HVAC units for a period of six (6) months from the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant Commencement Date. After the six (e.g., computer systems, telephones, and furniture other than modular furniture6) or for any of Tenant’s specialized equipment. To month period from the extent Union Labor is not available in the market to perform a specific Maintenance ActivityCommencement Date, Tenant shall be responsible for all costs associated with maintenance, service or repair of all units. In the event, that any HVAC unit cannot be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as repaired and requires replacement then Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation mutually agree on replacement cost prior to provide such evidence in each service contract entered into by installation and Landlord will, upon final installation and receipt of invoice, reimburse Tenant for such services, fifty percent (50%) of the total replacement cost. (4) Tenant shall pay all charges for pest control and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of extermination within the Premises. (5) At the termination of this Lease, Tenant shall deliver the Premises “broom clean” to Landlord in the same good order and condition as existed at the Commencement Date of this Lease, ordinary wear, natural deterioration beyond the control of Tenant, damage by fire, tornado or other casualty excepted. (6) Not in limitation on the foregoing, it is expressly understood that Tenant shall repair and pay for all damage caused by the acts or omissions of Tenant, Tenant’s employees, agents or invitees, or caused by Tenant’s default hereunder. All requests for repairs or maintenance that are the responsibility of Landlord under this Lease must be made in writing to Landlord at the address set forth below.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willTenant, at its Tenant’s sole cost, keep shall maintain the nonstructural components of the Premises and every part of the Premises (including, without limitation, all floor materials, walls and ceilings and their coverings, doors and locks, furnishings, trade fixtures, signage, leasehold improvements, equipmentequipment and other personal property from time to time situated in or on the Premises) in good order, condition and repair, reasonable wear and tear excepted, and finishes and any Alterations therein in a clean, safe, operable, attractive and sanitary condition and in good order and repair, condition. Tenant will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no not commit or allow to remain any waste or injury thereto. As part damage to any portion of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)repair or replace, except that the Maintenance Labor Covenant shall not apply subject to Landlord’s direction and supervision, any damage to the services for the installation, operation, maintenance, and repair of personal property owned exclusively Complex caused by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of and/or Tenant’s specialized equipment. To the extent Union Labor is not available in the market employees, agents, licensees, subtenants, assignees, contractors and/or invitees If Tenant fails to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall make such repairs or replacements (a) include within fifteen (15) days after receipt of written notice thereof from Landlord with respect to any repairs or replacements affecting the Maintenance Labor Covenant in each electrical, plumbing, HVAC, life-safety and/or mechanical systems of its service contractsthe Building, any structural portions of the Building, and/or the exterior appearance of the Building or any area outside the Premises, (b) provide such evidence as immediately after receipt of oral or written notice in the event of an emergency, or (c) within thirty (30) days after receipt of written notice from Landlord with respect to all repairs and replacements Tenant is required to make under this Section 8.2 other than those described in clauses (a) and (b) hereinabove, then Landlord may reasonably require, from time to time during make the Term, that the Maintenance Labor Covenant is being fully and faithfully observed same and Tenant shall include pay to Landlord the obligation actual cost incurred by Landlord in performing such repair or replacement work, plus a five percent (5%) supervision fee, within thirty (30) days after Tenant’s receipt of an invoice therefor. All contractors, workmen, artisans and other persons which or whom Tenant proposes to provide retain to perform work in the Premises (or the Complex, pursuant to the third sentence of this Section 8.2) pursuant to this Section 8.2 or Article 11 below shall be approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) prior to the commencement of any such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premiseswork.

By Tenant. Subject Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 's reasonable discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (Other Servicesincluding all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant willshall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five business days prior written notice of its sole cost, keep the Premises intention to commence such work so that Landlord may post and the fixtures, improvements, equipmentfile notices of non-responsibility, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”iv) and will cause no waste or injury thereto. As part of the Maintenance Activitiesif requested by Landlord, Tenant shall be solely responsible have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to maintain and repair such finishes and equipmentLandlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, including kitchen appliances and alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises, without the prior written consent of Landlord in accordance with Section 4.2. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, modular furnituredrains, showers and bathroom fixturessinks, supplemental air-conditioning equipmentpartitions, computersdoorways, or any other type of equipment or improvementsthe like. Notwithstanding the foregoing, together with related plumbingTenant, electricalwithout Landlord's prior written consent, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply be permitted to make non-structural alterations to the services for the installationBuilding, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall provided that: (a) include such alterations do not exceed $10,000 individually or $100,000 in the Maintenance Labor Covenant in each of its service contractsaggregate, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include timely provide Landlord the obligation notice required pursuant to provide such evidence Paragraph 4.9 above, (c) Tenant shall notify Landlord in each service contract entered into by Tenant for such serviceswriting within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (cd) incorporate Tenant shall, upon Landlord's request, remove the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part alteration at the termination of the PremisesLease and restore the Leased Premises to their condition prior to such alteration.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in compliance with all applicable Laws and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition insurance requirements and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any 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 (but without any obligation), in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in the condition required under this Lease, excepting reasonable wear and tear and losses required to be solely responsible restored by Landlord. If Landlord elects to maintain and repair such finishes and equipmentstore any personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, same shall be stored at the sole cost and risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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 illness or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory; provided, however, in no waste event shall Tenant be responsible for any facilities, systems and/or equipment in the floor slab, behind walls or injury thereto. As above ceilings unless installed by Tenant as part of an Alteration. Landlord reserves the Maintenance Activitiesright to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense subject, however, to the subsequent provisions of this subparagraph (ii). All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) 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 addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay as Additional Rent the reasonable cost of the repairs to Landlord, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs, at the same time as the installment of Base Rent with which the same are billed, or if billed separately, within ten (30) days after such billing. At the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, Street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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 except to the extent resulting from Landlord’s failure to perform its obligations under Section 8(b)(i). In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear and Casualty excepted. Tenant’s repair obligations include repairs to: (collectively1) floor coverings and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment that is installed by or for the “Maintenance Activities” and, individually, the “Maintenance Activity”) benefit of Tenant and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services located in the Premises whether installed or other portions of the Building; (6) air conditioning units serving Tenant exclusively (if applicable); (7) any kitchen equipment or similar facilities serving Tenant exclusively (if applicable); (8) phone rooms used exclusively by Tenant Tenant; (9) Alterations performed by contractors retained by or by Landlord on behalf of Tenant, including related HVAC balancing; and (10) all of Tenant’s behalf furnishings, trade fixtures, equipment and whether installed personal property. If Tenant fails to commence any such needed repairs within five (5) days of Landlord’s written request, Landlord reserves the right to perform any of the foregoing maintenance or repair obligations (other than with respect to subsection (10)) or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s or Landlord’s cost, expense. All work shall be performed in accordance with the rules and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined procedures described in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”8(a), except that any repairs in the Maintenance Labor Covenant ordinary course constituting Permitted Alterations shall not apply require prior notice to Landlord or Landlord’s prior consent thereto. If Tenant fails to make any repairs to the services Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the installationarea to be repaired is visible from the exterior of the Project), operationLandlord may, maintenancein addition to any other remedy available to Landlord, make the repairs, and repair Tenant shall pay the reasonable cost of personal property owned exclusively by Tenant the repairs to Landlord within thirty (e.g.30) days after receipt of an invoice, computer systems, telephones, and furniture other than modular furnituretogether with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. At the expiration or for any sooner termination of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activitythis Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable under any circumstances for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street, sidewalks or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or invitee of any such tenant, it being understood that Tenant’s sole recourse in the event of any such loss, injury or damage will be to file a claim on the insurance policies that Tenant is required to maintain pursuant to Section 11(a). It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping, ventilation and moisture control practices. Tenant shall promptly report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”), and shall conduct its activities in the Building in a manner that prevents unusual moisture conditions or mold growth. 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 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.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services Finish work in the Premises whether installed other than work described in the preceding paragraph, may be done by Tenant only upon Landlord’s prior written consent, in compliance with the following: a. No such work shall proceed without Landlord's prior written approval of (i) Tenant's contractor; (ii) detailed plans and specifications for the work; and (iii) a certificate of wxxxxxx'x compensation insurance in an amount and with a company and on a form acceptable to Landlord and a certificate of insurance in form and from an insurer acceptable to Landlord, showing Tenant or Tenant's contractor to have in effect public liability, comprehensive general liability and property damage insurance with limits of not less than $1,000,000/$2,000,000 and $1,000,000 respectively. All such certificates except worker's compensation shall be endorsed to show Landlord as an additional insured and such insurance shall be maintained by Tenant or Tenant's contractor at all times during the performance of Tenant's work. b. All such work shall be done in conformity with applicable codes and regulations of governmental authorities having jurisdiction over the Building and premises and with valid building permits and other authorizations from appropriate governmental agencies when required shall be obtained by Landlord's representative at Tenant's sole expense. Any work not acceptable to the appropriate governmental agencies or not reasonably satisfactory to Landlord, shall be promptly replaced at Tenant's expense. Notwithstanding any failure by Landlord on to object to any such work, Landlord shall have no responsibility therefor. Tenant agrees to save and hold Landlord harmless for said work as provided in the Lease. c. Tenant and Tenant’s behalf 's contractors shall abide by all safety and whether construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord. Entry by Tenant's contractors shall be deemed to be under all the terms, covenants, provisions and conditions of the Lease. All Tenant's materials, work, installations and decorations of any nature brought upon or installed in the Premises before the Lease Commencement Date shall be at Tenant’s or Landlord’s cost's risk, and neither Landlord has no obligation in connection therewithnor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof. Tenant shall use Union Labor (as defined not employ any contractor who in Section 9.7 below) Landlords' opinion may prejudice Landlord's negotiations or relationships with Landlord's contractors or subcontractors or the negotiations or relationship of those contractors or subcontractors with their employees, or may disturb harmonious labor relations. d. Tenant shall reimburse Landlord for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair any extra expenses incurred by Landlord by reason of personal property owned exclusively faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of cleanup which fails to comply with Landlord's rules and regulations, or by reason of use of elevators outside normal working hours. e. Tenant shall pay to Landlord a building service fee of ten percent (e.g., computer systems, telephones, and furniture other than modular furniture10%) or for any of the total cost of Tenant’s specialized equipment's work not done by Landlord to cover Landlord's cost of coordination of Tenant's Work. To Such building service fee shall be paid to Landlord at the extent Union Labor is not available time of Landlord's approval of Tenant's contractor(s) as provided in Paragraph 2(a) above. Notwithstanding the market to perform a specific Maintenance Activityabove, Tenant shall not be in default required to pay a building service fee for Tenant’s installation of interior manufacturing and laboratory equipment, but only to the Maintenance Labor Covenantextent such equipment does not connect to any Building systems. For the installation of carpet or flooring, Tenant shall (a) include the Maintenance Labor Covenant be required to pay all costs of permits and inspections, in each addition to a building service fee not in excess of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant $1,000. f. Tenant's contractors shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in not post any sublease, license, or occupancy agreement relating to all or signs on any part of the PremisesBuilding or the premises. g. Tenant shall, upon Landlord's request, provide Landlord with copies of bills and invoices for the cost of Tenant's Work hereunder.

By Tenant. (a) Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services)provisions of Sections 10 and 15, Tenant willshall, at its Tenant’s sole costcost and expense and at all times, keep the Premises and Building Complex and every part thereof in good order, condition and repair (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises; whether or not the equipment or facilities are located within the Premises, such as such as plumbing, heating, air conditioning and ventilating system, electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, improvementsinterior walls, equipmentinterior surfaces of exterior walls, ceilings, floors, windows, doors serving the Premises, including overhead doors, dock bumpers, dock pads, dock levelers, plate glass, skylights, landscaping, parking lots, snowplowing, walkways and finishes fire systems. Tenant, in keeping the Premises and any Alterations therein in clean, safe, and sanitary condition and Building Complex in good order order, condition and repair, will take shall exercise and perform good care maintenance practices. Tenant’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and Building Complex and all improvements thereon or a part thereof in good order, condition and state of repair. Tenant shall be responsible for trash removal. (collectivelyb) Tenant shall, at Tenant’s sole cost and expense, procure and maintain a contract, with copies to Landlord, customary form and substance for and with a contractor specializing and experienced in the “Maintenance Activities” andinspection, individually, the “Maintenance Activity”) maintenance and will cause no waste or injury thereto. As part service of the Maintenance Activitiesheating, air conditioning and ventilation system for the Premises. However, Landlord reserves the right, upon notice to Tenant, to procure and maintain the preventative maintenance contract for the heating, air conditioning and ventilating systems, and if Landlord so elects, Tenant shall be solely responsible reimburse Landlord, upon demand, for the cost thereof. (c) If Tenant fails to maintain and repair such finishes and equipmentperform Tenant’s obligations under this Section 8.1, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services Landlord may enter upon the Premises after twenty (20) days prior written notice to Tenant (except in the Premises whether installed by Tenant or by Landlord case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s behalf and whether installed at Tenant’s or Landlord’s costbehalf, and Landlord has no obligation put the Premises in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)good order, except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, condition and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisesrepair.

By Tenant. Subject All Tenant Improvements in the Premises shall be constructed by Tenant in compliance with the following: (a) No such work shall proceed without Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed, of (i) Tenant’s contractor; (ii) Tenant’s Plans and Specifications; and (iii) certificate of worker’s compensation insurance in an amount and with a company and on a form reasonably acceptable to Landlord and a certificate of insurance in form and from an insurer reasonably acceptable to Landlord, showing Tenant or Tenant’s contractors to have in effect commercial general liability and property damage insurance with limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 in the aggregate, an umbrella of $5,000,000.00 and a deductible no higher than $25,000.00, respectively. All such certificates except worker’s compensation shall be endorsed to show Landlord as an additional insured and such insurance shall be maintained by Tenant or Tenant’s contractor at all times during the construction of the Tenant Improvements. (b) All such work shall be done in substantial conformity with Tenant’s Plans and Specifications and with applicable codes and regulations of governmental authorities having jurisdiction over the Premises and with valid building permits. Such permits and other authorizations from appropriate governmental agencies, when required, shall be obtained by Tenant’s representative at Tenant’s sole expense. Any work not acceptable to the appropriate governmental agencies or not in substantial conformity with Tenant’s Plans and Specifications, shall be promptly replaced at Tenant’s sole expense. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility therefor. Tenant agrees to save and hold Landlord harmless as provided in the Lease for said work. (c) Tenant and Tenant’s contractors shall abide by all safety and construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord. Entry by Tenant’s contractors shall be deemed to be under all the terms, covenants, provisions and conditions of the Lease. All Tenant’s materials, work, installations and decorations of any nature brought upon or installed in the Premises shall be at Tenant’s risk, and neither Landlord nor any party acting on Landlord’s behalf shall be responsible for any damage thereto or loss or destruction thereof unless due to Landlord’s obligation gross negligence or willful misconduct. Any contractor employed by Tenant must be approved in advance by Landlord, such approval not to provide certain janitorial services to the Premises under Section 16.5 be unreasonably withheld, conditioned or delayed. (Other Services), d) Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and shall reimburse Landlord for any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part reasonable out of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type pocket expenses incurred by Landlord by reason of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed faulty work done by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s contractors, or Landlord’s costby reason of delays caused by such work, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor or by reason of cleanup which fails to comply with the Rules (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”Lease), except that or by reason of use of elevators or other Building services outside normal working hours, or by reason of security measures taken by Landlord to safeguard the Maintenance Labor Covenant shall Premises. (e) In doing any work in the Premises, Tenant will use only contractors or subcontractors consented to by Landlord in writing (which consent Landlord agrees not apply to unreasonably withhold, condition or delay) prior to the services for time such work is commenced. Further, in connection with any work in the installationPremises, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of at Tenant’s specialized equipment. To the extent Union Labor is not available option, either (A) Tenant, at its expense, shall obtain prior to commencement of any work in the market to perform Premises a specific Maintenance Activityperformance and payment bond from its contractor, Tenant shall not be in default on the latest edition of the Maintenance Labor CovenantA.I.A. form, covering such contractor’s obligations, in which Landlord shall be named as a dual obligee, in the total amount of the cost of the work to be performed, or (B) ALL SUCH CONTRACTORS APPROVED IN WRITING BY LANDLORD AND THEIR SUBCONTRACTORS AND MATERIALMEN WILL BE REQUIRED TO EXECUTE AND DELIVER TO LANDLORD A FULL AND FINAL LIEN WAIVER WITH RESPECT TO THE WORK TO BE PERFORMED OR MATERIALS TO BE PROVIDED BY SUCH CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN IN ADVANCE OF PERFORMING ANY WORK IN OR PROVIDING ANY MATERIALS TO THE PREMISES. Tenant shall promptly bond off in a manner reasonably acceptable to Landlord or otherwise release of record any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors, subcontractors or materialmen if such claim should arise by virtue of work contracted for by Tenant, and hereby indemnifies and holds Landlord harmless from and against any and all losses, costs, damages, expenses or liabilities including, but not limited to, reasonable attorney’s fees, incurred by Landlord, as a result of or in any way related to such claims or such liens. All work shall be performed in accordance with the Legal Requirements. If Tenant fails to bond off in a manner reasonably acceptable to Landlord or otherwise release of record any such lien within fifteen (a15) include the Maintenance Labor Covenant in each of its service contractsdays after Tenant receives notice thereof, (b) provide such evidence as Landlord may remove such lien by paying the full amount thereof or by bonding or in any other manner Landlord reasonably requiredeems appropriate, from time to time during without investigating the Term, validity thereof and irrespective of the fact that Tenant may contest the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include propriety or the obligation to provide such evidence in each service contract entered into by Tenant for such servicesamount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of such lien, together with expenses incurred in connection therewith, including attorneys’ fees. Nothing contained herein shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the laws of the State of Missouri. (cf) incorporate the foregoing requirements in Tenant’s contractors shall not post any sublease, license, or occupancy agreement relating to all or signs on any part of the Building or the Premises, except for those related to safety or those required pursuant to Legal Requirements. (g) Landlord may make periodic inspections of the Premises during construction and at completion, and shall advise Tenant of any objection to the Tenant Improvements that are not in substantial conformity with Tenant’s Plans and Specifications. Tenant shall be responsible for obtaining a permanent certificate of occupancy for the Premises and delivering a copy to Landlord.

By Tenant. Subject Tenant shall not do anything or suffer anything to Landlord’s obligation be done in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any such governmental regulations related to provide certain janitorial services disabled access (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with any Applicable Laws which relate to (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Tenant Improvements in the Premises, (iii) the Tenant Maintenance Responsibilities, or (iv) the Landlord Maintenance Responsibilities, but as to the Landlord Maintenance Responsibilities, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under to the extent such Alterations are not normal and customary business office improvements, or triggered by the Tenant Improvements to the extent such Tenant Improvements are not normal and customary business office improvements (subject to Section 16.5 (Other Services1 of the Tenant Work Letter in connection with the initial construction of the Tenant Improvements), or triggered by Tenant's use of the Premises for non-general office use. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant willby a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep the Premises to comply promptly with such standards or regulations and the fixturesto cooperate with Landlord, improvementsincluding, equipmentwithout limitation, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair by taking such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence actions as Landlord may reasonably require, from time in Landlord's efforts to time during comply with such standards or regulations. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the TermPremises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that the Maintenance Labor Covenant is being fully Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesTenant.

By Tenant. Subject Tenant shall at its expense maintain all other parts of the Premises and related facilities in good repair and condition, including but not limited to Landlord’s obligation to provide certain janitorial services repairs (including all necessary replacements) to the windows, window glass, plate glass, doors and the interior of the Premises under Section 16.5 to the extent that any damage was caused by Tenant or Tenant's agents, employees or invitees. Tenant will not, in any manner, deface or injure the Premises and or related facilities and will pay the cost of repairing any damage or injury done by Tenant or Tenant's agents, employees or invitees. Tenant shall, throughout the term of this Lease, take good care of the Premises and related facilities, and keep them free from waste and nuisance of any kind. If Tenant shall fail to make any repair required hereunder (Other Servicesincluding all necessary replacements), Tenant willor take steps to commence repair, within ten (10) days after written notification to do so, Landlord may, at its sole costoption, keep make such repair, and Tenant shall, upon demand therefor, pay Landlord for the cost thereof together with interest on any such cost which remains unpaid following such demand and it is hereby agreed that said interest shall be calculated at a rate equal to two percent (2%) above the Bank of America prime rate. SECTION 8. PARKING AND COMMON AREAS 8.01. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant right, to use such common areas of the Premises and (including, but not limited to, the fixturesparking lot, improvements, equipmentwalkways, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”sidewalks) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, designated from time to time during by Landlord, subject to such rules and regulations as Landlord may from time to time impose. Tenant agrees that it, its agents, employees, servants, contractors, subagents, licensees, customers and invitees shall abide by such rules and regulations. Landlord may at any time close any common area to make repairs or changes to the Termcommon area, that to prevent the Maintenance Labor Covenant is being fully acquisition of public rights in such areas, or to discourage noncustomer parking. Landlord may do such other acts in and faithfully observed and to the common areas as in its judgment may be desirable. Tenant shall include not at any time interfere with the obligation rights of Landlord, other tenants, its and their agents, employees, servants, contractors, subagents, licensees, customers and invitees to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or use any part of the Premisesparking lot or other common areas. All parking areas and common areas which Tenant may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation of license or diminution of such areas be deemed constructive or actual eviction.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or the Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than fifteen (15) 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 reserves the right to perform any of the foregoing maintenance or repair obligations, all at Tenant’s expense. In all events, Landlord reserves the right to require that Tenant’s repair and maintenance obligations be performed by a contractor approved by Landlord, such approval not to be unreasonably withheld. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) 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), then Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs 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 cost of the repairs. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roofs, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a manner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) to the extent within Tenant’s reasonable control, maintain the Premises at a consistent temperature and humidity level in accordance with the Property Manager’s reasonable instructions; (D) promptly clean up any liquid spills in the Premises to prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. Tenant agrees to promptly 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. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, 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. In addition, execution of this Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear, damage from the elements, and any force majeure event excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) 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, provided that Landlord has made reasonable efforts to notify Tenant of such emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs, provided that prior written notice is provided by Landlord to Tenant prior to commencement of any such work. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear, damage from the elements, any force majeure event, and losses required to be solely responsible restored by Landlord. If Landlord elects to maintain and repair such finishes and equipmentstore any personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, same shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesProject or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant, unless caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors.

By Tenant. Subject The Landlord will pay the Tenant for the cost of --------- the Tenant Improvements up to Landlord’s obligation to provide certain janitorial services an amount equal to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep product obtained by multiplying the number of square feet in the Premises and by $12.50 per square foot ----- (the fixtures"Allowance"). For example, improvementsif the Premises contained 98,761 square feet, equipment------ the Landlord will pay the Tenant the sum of $1,234,512.50. If the costs of ------------ these improvements exceed the Allowance, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, it is the “Maintenance Activities” and, individually, Tenant's responsibility to pay for those costs. The Landlord's Mortgagee shall have the “Maintenance Activity”) and will cause no waste or injury thereto. As part right to inspect the construction of the Maintenance ActivitiesTenant Improvements at such stages of completion as said Mortgagee deems appropriate. Within thirty (30) days after the Tenant completes the construction of Tenant Improvements, Tenant shall be solely responsible submit to maintain the Landlord: (a) a written representation that all bills for labor and repair materials with respect to all work done in connection with the Tenant Improvements have been paid in full; and (b) copies of paid receipts and, if requested, lien waivers for such finishes labor and equipmentmaterials, including kitchen appliances and fixturesthereafter, modular furniturewithin five (5) days after receipt thereof from Landlord's Mortgagee, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type the Landlord shall send to the Tenant a check made payable to the order of equipment or improvements, together with related plumbing, electrical, or other utility services the Tenant in the Premises whether installed by amount equal to the documented cost of the Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s costImprovements up to the amount of the Allowance. Notwithstanding the foregoing, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (failure of the “Maintenance Labor Covenant”), except that Mortgagee to fund the Maintenance Labor Covenant Allowance shall not apply relieve Landlord from its obligation to pay the Allowance to Tenant. The Tenant will obtain Landlord's approval of such improvements as set forth in subsection 10.3 below. Notwithstanding anything to the services for contrary contained in this Lease, the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord shall not be required to make any initial improvements to the Premises. Notwithstanding anything to the contrary contained in default this Lease, the Tenant shall make a list of all doors, partitions, fixtures and other usable equipment that it will not be using in the Premises, and shall provide such list to the Landlord before the Rent Commencement Date (Fifth Floor). The Landlord shall have the right, but not the obligation, to keep and remove any or all of such items, which shall then be deemed to be the property of the Maintenance Labor CovenantLandlord. Any such items that the Landlord elects not to possess shall belong to the Tenant, and the Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant be responsible for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part properly disposing of the Premisessame.

By Tenant. Subject All Tenant Improvements in the Premises shall be constructed by Tenant in compliance with the following: (a) No such work shall proceed without Landlord's prior written approval of (i) Tenant's contractor; (ii) Tenant's Plans and Specifications; and (iii) certificate of worker's compensation insurance in an amount and with a company and on a form acceptable to Landlord and a certificate of insurance in form and from an insurer acceptable to Landlord’s obligation , showing Tenant or Tenant's contractors to provide certain janitorial services have in effect public liability, comprehensive general liability and property damage insurance with limits of not less than $3,000,000 respectively. All such certificates except worker's compensation shall be endorsed to show Landlord as an additional insured and such insurance shall be maintained by Tenant or Tenant's contractor at all times during the construction of the Tenant Improvements. (b) All such work shall be done in conformity with Tenant's Plans and Specifications and with applicable codes and regulations of governmental authorities having jurisdiction over the Premises and with valid building permits. Such permits and other authorizations from appropriate governmental agencies, when required, shall be obtained by Tenant's representative at Tenant's sole expense. Any work not acceptable to the appropriate governmental agencies or Landlord, shall be promptly replaced at Tenant's sole expense. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility therefor. Tenant agrees to save and hold Landlord harmless as provided in the Lease for said work. (c) Tenant and Tenant's contractors shall abide by all safety and construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord. Entry by Tenant's contractors shall be deemed to be under all the terms, covenants, provisions and conditions of the Lease. All Tenant's materials, work, installations and decorations of any nature brought upon or installed in the Premises under Section 16.5 shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof unless due to Landlord's negligence or willful misconduct. Tenant shall not employ any contractor who in Landlord's reasonable opinion may prejudice Landlord's negotiations or relationships with Landlord's contractors, subcontractors, or employees, or the negotiations or relationship of those contractors or subcontractors with their employees, or as may disturb harmonious labor relations. (Other Services)d) Tenant shall reimburse Landlord for any extra reasonable out of the pocket expenses incurred by Landlord by reason of faulty work done by Tenant or Tenant's contractors, or by reason of delays caused by such work, or by reason of cleanup which fails to comply with Landlord's rules and regulations, or by reason of use of elevators or other Building services outside normal working hours, or by reason of security measures taken by Landlord to safeguard the Premises prior to the Commencement Date. (e) In doing any work in the Premises, Tenant willwill use only contractors, subcontractors or workers consented to by Landlord in writing prior to the time such work is commenced, such consent not to be unreasonably withheld. Further, in connection with any work in the Premises, either (A) Tenant, at its sole costexpense, keep shall obtain prior to commencement of any work in the Premises a performance and payment bond from its contractor, on the fixtureslatest edition of the A.I.A. form, improvementscovering such contractor's obligations, equipmentin which Landlord shall be named as a dual obligee, in the total amount of the cost of the work to be performed, or (B) ALL SUCH CONTRACTORS OR WORKERS APPROVED IN WRITING BY LANDLORD AND THEIR SUBCONTRACTORS AND MATERIALMEN WILL BE REQUIRED TO EXECUTE AND DELIVER TO LANDLORD (i) A FULL AND FINAL LIEN WAIVER WITH RESPECT TO THE WORK TO BE PERFORMED OR MATERIALS TO BE PROVIDED BY SUCH CONTRACTOR, WORKER, SUBCONTRACTOR OR MATERIALMAN IN ADVANCE OF PERFORMING ANY WORK IN OR PROVIDING ANY MATERIALS TO THE PREMISES, AND (ii) AN INSTRUMENT IN FORM AND SUBSTANCE SATISFACTORY TO LANDLORD, THE HOLDER OF ANY MORTGAGE COVERING ALL OR ANY PART OF THE PROPERTY AND ANY TITLE INSURANCE COMPANY INSURING TITLE TO ALL OR ANY PART OF THE PROPERTY, WHEREBY SUCH CONTRACTOR, ITS SUBCONTRACTORS AND ITS AND THEIR MATERIALMEN AGREE (IRRESPECTIVE OF ANY DEFAULT OR FAILURE TO PAY BY TENANT OR ANY SUCH CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN) PROVIDING THAT THEY AND EACH OF THEM WILL LOOK SOLELY TO THE DEFAULTING PARTY AND/OR ANY EXISTING PAYMENT BOND, OR BOTH, FOR SATISFACTION UPON SUCH DEFAULT., AND NO CONTRACTOR, WORKER, SUBCONTRACTOR OR MATERIALMAN WILL BE PERMITTED TO COMMENCE ANY WORK IN OR PROVIDE ANY MATERIALS TO THE PREMISES UNTIL SUCH FULL AND FINAL LIEN WAIVER AND INSTRUMENT IS SO EXECUTED AND DELIVERED TO LANDLORD. Tenant shall promptly remove any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors or workmen if such claim should arise, and finishes hereby indemnifies and holds Landlord harmless from and against any Alterations therein and all losses, costs, damages, expenses or liabilities including, but not limited to, attorney's fees, incurred by Landlord, as a result of or in cleanany way related to such claims or such liens. All work shall be performed in accordance with the Legal Requirements. If Tenant fails to bond off in a manner reasonably acceptable to Landlord or otherwise release of record any such lien within 30 days after the filing thereof, safeLandlord may remove such lien by paying the full amount thereof or by bonding or in any other manner Landlord reasonably deems appropriate, without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and sanitary condition and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in good order and repair, will take good care thereof (collectively, connection with the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part discharge of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvementslien, together with related plumbingexpenses incurred in connection therewith, electrical, or other utility services including attorneys' fees. Nothing contained herein shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises whether installed by Tenant to any lien or by Landlord on liability under the laws of the State of Missouri. (f) Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant 's contractor's shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for post any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or signs on any part of the Building or the Premises. (g) Landlord may make periodic inspections of the Premises during construction and at completion, and shall advise Tenant of any objection to the Tenant Improvements Tenant shall be responsible for obtaining a permanent certificate of occupancy for the Premises and delivering a copy to Landlord.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), A) Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) interior doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the exclusive benefit of Tenant and will cause no waste located in the Premises or injury theretoother portions of the Building or Project; (6) supplemental air conditioning units that exclusively serve the Premises, private showers and kitchens, including water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) all utilities within the Premises; (9) Tenant’s wiring; (10) interior glass; (11) all bulb and ballast replacement and repairs; (12) Alterations performed by contractors retained by or on behalf of Tenant; and (13) all of Tenant’s furnishings, trade fixtures, equipment and inventory. As Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 7(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) Business Days after written 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 addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable and documented cost of the repairs to Landlord within thirty (30) days after receipt of an invoice. At the Expiration Date, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to persons or personal or other property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Maintenance ActivitiesComplex or from the pipes, Tenant shall be solely responsible to maintain and repair such finishes and equipmentappliances or plumbing works therein or from the roof, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, street or subsurface or from any other places resulting from dampness or any other type cause whatsoever, unless caused by the gross negligence or willful misconduct of equipment Landlord, its employees, agents or improvements, together with related plumbing, electricalcontractors, or from the act or negligence of any other utility services tenant or any officer, agent, employee, contractor or guest of any such tenant. (B) In addition to the foregoing, Tenant at its sole cost and expense shall maintain in a good state of repair to include replacement, all portions of the heating, ventilating, and air conditioning equipment located in the Premises whether installed and exclusively serving the Premises (“HVAC”). Landlord shall deliver the HVAC to Tenant in good working order, shall transfer any warranties, if any, on the HVAC to Tenant if they are transferable and/or Tenant shall have benefit of such warranties. In furtherance of the foregoing, Tenant shall, at its expense, provide preventive and routine maintenance and repair (except that covered under warranty) to the HVAC, including, without limitation, periodic filter change and routine service and adjustments at least four (4) times annually, by Tenant or entering into a preventive maintenance agreement with a service firm authorized by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, provide said maintenance and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, which maintenance agreement (i) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; (ii) shall require such service firm to dispose of and/or recycle materials in the HVAC system in accordance with all applicable Laws; and (iii) shall provide that in the Maintenance Labor Covenant event this Lease expires or is being fully earlier terminated for any reason whatsoever that said agreement shall be immediately terminable by Landlord or Tenant without any cost, expense of other liability on the part of Landlord. A copy of said agreement or contract shall be supplied to Landlord within thirty (30) days after the Commencement Date and faithfully observed and the HVAC shall be subject to audit or inspection at all times to determine Tenant’s compliance with this Section 8(b)(ii)(B). Tenant shall include be responsible for all parts, service and maintenance of the obligation to provide such evidence in each service contract entered into by Tenant for such servicesHVAC systems as set forth above; provided, however, that if (i) any HVAC unit serving the Premises requires repairs or replacement during the Term, and (cii) incorporate Tenant has properly maintained such HVAC unit or HVAC systems during the foregoing requirements Term pursuant to an HVAC maintenance contract as required by this Section 8(b)(ii)(B), then Landlord shall be responsible for all repair and replacement costs in excess of the lesser of (x) $1,000.00 per unit in any sublease, licensecalendar year, or occupancy agreement relating to (y) $5,000 per calendar year for all or any part of the Premisesunits.

By Tenant. Subject Tenant shall not do anything or permit anything to Landlord’s obligation be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws which relate to provide certain janitorial services (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under Section 16.5 (Other Services)to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant's use of the Premises for non-general office use. Tenant willshall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the date of delivery of the Premises to Tenant. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep to comply promptly with such standards or regulations to the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste extent they apply to Tenant's use or injury thereto. As part occupancy of the Maintenance Activities, Premises. Tenant shall be solely responsible responsible, at its sole cost and expense, to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether installed by Landlord is a party thereto, that Tenant or by has violated any of said governmental measures, shall be conclusive of that fact as between Landlord on and Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24. For purposes of Section 9.7 below) for all Maintenance Activities (1938 of the “Maintenance Labor Covenant”)California Civil Code, except that the Maintenance Labor Covenant shall not apply Landlord hereby discloses to the services for the installation, operation, maintenanceTenant, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Termhereby acknowledges, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into Premises have not undergone inspection by Tenant for such services, and a Certified Access Specialist (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesCASp).

By Tenant. Subject to LandlordTenant shall, at Tenant’s obligation to provide certain janitorial services to sole cost and expense, maintain the Premises under Section 16.5 (Other Servicesother than the portions of the Building Structure (defined below) and Building Systems (defined below) of the Building which are contained in the Premises), Tenant willin good, at its sole cost, keep the Premises clean and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary first-class condition and in good order and repair, will take good care thereof (collectively, . Without limiting the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part generality of the Maintenance Activitiesforegoing, Tenant shall be solely responsible to maintain for maintaining and repair such finishes and equipment, including kitchen appliances and repairing all fixtures, modular furniturenon-Building standard electrical lighting, showers ceilings and bathroom fixturesfloor coverings, supplemental air-conditioning equipmentwindows, computersdoors, or any other type plate glass, skylights, and interior walls within the Premises using the same quality of equipment or improvements, together with related plumbing, electrical, or other utility services materials as used in the Premises whether installed original construction. In addition, Tenant shall be responsible for all repairs (beyond ordinary wear and tear) made necessary by Tenant or by its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Landlord on Tenant’s behalf acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and whether installed subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any Cabling. Tenant shall, at Tenant’s expense, contract with a reputable licensed contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord’s cost. Except as otherwise expressly set forth in this Lease, Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) any similar or for any of successor law regarding Tenant’s specialized equipment. To right to make repairs and deduct expenses of such repairs from the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesRent due under this Lease.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to Throughout the Premises under Section 16.5 (Other Services)Term, Tenant willshall maintain the Leased Premises in their condition as of the Commencement Date, loss or damage caused by the elements, ordinary wear and tear, and fire and other casualty excepted, and at the termination of this Lease, or Tenant’s right to possession, Tenant shall return the Leased Premises to Landlord in broom‑clean condition. To the extent Tenant fails to perform either obligation, Landlord may, but need not, restore the Leased Premises to such condition and Tenant shall pay the cost thereof. Additionally, Tenant, at its sole costexpense, keep the Premises shall repair, replace and the fixtures, improvements, equipment, and finishes and any Alterations therein maintain in clean, safe, and sanitary good condition and in good order accordance with all applicable laws and repairthe equipment manufacturer’s suggested service programs, will take good care thereof all portions of the Leased Premises and all areas, improvements and systems exclusively serving the Leased Premises, including the branch lines of the plumbing, electrical and HVAC systems, including all duct work. With respect to any portion of the Leased Premises visible from any common area inside or outside of the Building (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityVisible Leased Premises”) and will cause no waste or injury thereto. As part of the Maintenance Activities), Tenant shall be solely responsible to (i) maintain such Visible Leased Premises and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers fixtures and bathroom fixturesequipment located therein in a neat and first-class condition throughout the Term and any extension thereof, supplemental air-conditioning equipment(ii) not use the Visible Leased Premises for storage, computers(iii) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Leased Premises, (iv) complete within the Visible Leased Premises any cleaning reasonably requested by Landlord within two business days after Landlord’s written request therefor, and (v) complete within the Visible Leased Premises any repairs reasonably requested by Landlord within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by Tenant or its employees, agents, or invitees. If (a) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (b) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Leased Premises, or if such damage occurs inside the Leased Premises but affects the Building’s Systems and/or Building’s structure or any other type of equipment or improvementsarea outside the Leased Premises, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by then Landlord on Tenant’s behalf and whether installed may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or Landlord’s replacement work performed by Landlord under this Section, in each case plus an administrative fee of 6% of such cost, and shall be paid by Tenant to Landlord within 30 days after Landlord has no obligation in connection therewith. invoiced Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisestherefor.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear and Casualty excepted. Tenant’s repair obligations include repairs to: (collectively1) floor coverings and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment that is installed by or for the “Maintenance Activities” and, individually, the “Maintenance Activity”) benefit of Tenant and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services located in the Premises whether installed or other portions of the Building; (6) air conditioning units serving Tenant exclusively (if applicable); (7) any kitchen equipment or similar facilities serving Tenant exclusively (if applicable); (8) phone rooms used exclusively by Tenant Tenant; (9) Alterations performed by contractors retained by or by Landlord on behalf of Tenant, including related HVAC balancing; and (10) all of Tenant’s behalf furnishings, trade fixtures, equipment and whether installed personal property. If Tenant fails to commence any such needed repairs within five (5) days of Landlord’s written request, Landlord reserves the right to perform any of the foregoing maintenance or repair obligations (other than with respect to subsection (10)) or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s or Landlord’s cost, expense. All work shall be performed in accordance with the rules and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined procedures described in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”8(a), except that any repairs in the Maintenance Labor Covenant ordinary course constituting Permitted Alterations shall not apply require prior notice to Landlord or Landlord’s prior consent thereto. If Tenant fails to make any repairs to the services Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the installationarea to be repaired is visible from the exterior of the Project), operationLandlord may, maintenancein addition to any other remedy available to Landlord, make the repairs, and repair Tenant shall pay the reasonable cost of personal property owned exclusively by Tenant the repairs to Landlord within thirty (e.g.30) days after receipt of an invoice, computer systems, telephones, and furniture other than modular furnituretogether with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. At the expiration or for any sooner termination of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activitythis Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable under any circumstances for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street, sidewalks or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or invitee of any such tenant, it being understood that Xxxxxx’s sole recourse in the event of any such loss, injury or damage will be to file a claim on the insurance policies that Tenant is required to maintain pursuant to Section 11(a). It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping, ventilation and moisture control practices. Tenant shall promptly report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”), and shall conduct its activities in the Building in a manner that prevents unusual moisture conditions or mold growth. In signing this Lease, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. 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.

By Tenant. (a) Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services)provisions of Sections 8.2, 10, and 15, Tenant willshall, at its Tenant's sole costcost and expense and at all times, keep the Premises and every part thereof in good order, condition and repair (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises; whether or not the equipment or facilities are located within the Premises, such as plumbing, heating, air conditioning and ventilating system, electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, improvementsinterior walls, equipmentinterior surfaces of exterior walls, ceilings, floors, windows, doors serving the Premises, including overhead doors, dock bumpers, dock pads, dock levelers, etc., plate glass, and finishes and skylights, but excluding any Alterations therein items which are the responsibility of Landlord pursuant to Section 8.2 below. Tenant, in clean, safe, and sanitary condition and keeping the Premises in good order order, condition and repair, will take shall exercise and perform good care maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Tenant shall be responsible for trash removal. (collectivelyb) Tenant shall, at Tenant's sole cost and expense, procure and maintain a contract, with copies to Landlord, customary form and substance for and with a contractor specializing and experienced in the “Maintenance Activities” andinspection, individually, the “Maintenance Activity”) maintenance and will cause no waste or injury thereto. As part service of the Maintenance Activitiesheating, air conditioning and ventilation system for the Premises. However, Landlord reserves the right, upon notice to Tenant, to procure and maintain the preventative maintenance contract for the heating, air conditioning and ventilating systems, and if Landlord so elects, Tenant shall be solely responsible to maintain and repair such finishes and equipmentreimburse Landlord, including kitchen appliances and fixturesupon demand, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and cost thereof. (c) incorporate If Tenant fails to perform Tenant's obligations under this Section 8.1, Landlord may enter upon the foregoing requirements Premises after ten (10) days' prior written notice to Tenant (except in any subleasethe case of an emergency, licensein which case no notice shall be required), or occupancy agreement relating to all or any part of perform such obligations on Tenant's behalf, and put the PremisesPremises in good order, condition and repair.

By Tenant. (a) Subject to Landlord’s obligation the provisions of Sections 8.2, 10, and 15, Tenant shall, at Tenant's sole cost and expense and at all times, keep the Premises and every part thereof in good order, condition and repair (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to provide certain Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises and located within the Premises, such as plumbing (excluding main utility lines serving more space than the Premises), electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights, and subject to Section 8.1 (b) below heating, air conditioning and ventilating systems, but excluding any items which are the responsibility of Landlord pursuant to Section 8.2 below. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices including, without limitation, providing janitorial services to the Premises under Section 16.5 (Other Services)substantially equivalent to those attached hereto as Exhibit I. Tenant's obligations shall include restorations, Tenant will, at its sole cost, replacements or renewals when necessary to keep the Premises and the fixturesall improvements thereon or a part thereof in good order, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and state of repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, . (b) provide such evidence as Subject to reimbursement under the provisions of Section 4, Landlord may reasonably requireshall procure a contract for maintenance of the heating, from time to time during air conditioning and ventilating systems for the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and Building Complex. (c) incorporate If Tenant fails to perform Tenant's obligations under this Section 8.1, Landlord may enter upon the foregoing requirements Premises after * days' prior written notice to Tenant (except in any subleasethe case of an emergency, licensein which case no notice shall be required), perform such obligations on Tenant's behalf, and put the Premises in good order, condition and repair in which event Landlord shall be entitled to charge Tenant with Landlord's cost plus * due from Tenant upon presentation of a xxxx therefor. (d) Notwithstanding the foregoing, Tenant may contract directly with Landlord to perform Tenant's obligations set forth under this Section 8.1 which contract shall set forth the terms and conditions under which the Landlord or occupancy agreement relating to all its manager will perform Tenant's obligations. The terms of such performance shall be fully included in and governed by the contract between the parties and shall not effect Landlord or any part of the PremisesTenant's rights or obligations under this Lease.

By Tenant. Subject If Landlord elects not to perform the construction for the Tenant improvements, then the work may be done by the Tenant in compliance with the following: a) No such work shall proceed without Landlord's prior written approval of (i) Tenant's contractor, if any; (ii) detailed plans and specifications for the work which are usual and customary; and (iii) a certificate of xxxxxxx'x compensation insurance in an amount and with a company and on a form reasonably acceptable to Landlord and a certificate of insurance in form and from an insurer reasonably acceptable to Landlord’s obligation , showing Tenant or Tenant's contractor to provide certain janitorial services have in effect public liability, comprehensive general liability and property damage insurance with limits of not less than $1,000,000/$5,000,000 and $1,000,000 respectively. All such certificates except worker's compensation shall be endorsed to show Landlord as an additional insured and such insurance shall be maintained by Tenant or Tenant's contractor at all times during the performance of Tenant's work. b) All such work shall be done in conformity with applicable codes and regulations of governmental authorities having jurisdiction over the Building and Premises and with valid building permits and other authorizations from appropriate governmental agencies when required shall be obtained by Landlord's representative at Tenant's sole expense. Any work not being performed by Landlord, and not acceptable to the Premises appropriate governmental agencies or not reasonably satisfactory to Landlord, shall be promptly replaced at Tenant's expense. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility therefore, except for the negligence or willful misconduct of Landlord. Tenant agrees to save and hold Landlord harmless for said work as provided in the Lease. c) Tenant and Tenant's contractors shall abide by all safety and construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord. Entry by Tenant's contractors shall be deemed to be under Section 16.5 (Other Services)all the terms, Tenant willcovenants, at its sole costprovisions and conditions of the Lease. All Tenant's materials, keep work, installations and decorations of any nature brought upon or installed in the Premises and before the fixtures, improvements, equipmentCommencement Date shall be at Tenant's risk, and finishes and neither Landlord nor any Alterations therein party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof. Tenant shall not employ any contractor who in cleanLandlord's opinion may prejudice Landlord's negotiations or relationships with Landlord's contractors or subcontractors or the negotiations or relationship of those contractors or subcontractors with their employees, safeor may disturb harmonious labor relations. d) Tenant shall reimburse Landlord for any actual, direct, and sanitary condition reasonable extra expenses incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of cleanup which fails to comply with Landlord's rules and in good order and repairregulations, will take good care thereof (collectively, or by reason of building use outside normal working hours. e) In addition to the “Maintenance Activities” and, individually, sums to be paid to the “Maintenance Activity”) and will cause no waste or injury thereto. As part of Landlord pursuant to the Maintenance Activitiesabove, Tenant shall pay to Landlord a building service fee of ten percent (10%) of the total cost of Tenant's work not performed by Landlord. Such building service fee shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services paid in the Premises whether installed by Tenant or by Landlord on same manner as indicated in A-4 (above). f) Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant 's contractors shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for post any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or signs on any part of the Building or the Premises. g) Tenant shall, upon Landlord's written request, provide Landlord with copies of bills and invoices for the cost of Tenant's Work hereunder, performed by Tenant or Tenant's contractors.

By Tenant. (a) Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services)provisions of Sections 10 and 15, Tenant willshall, at its Tenant’s sole costcost and expense and at all times, keep the Premises and Building Complex and every part thereof in good order, condition and repair (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing, all equipment or facilities specifically serving the Premises; whether or not the equipment or facilities are located within the Premises, such as such as plumbing, heating, air conditioning and ventilating system, electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, improvementsinterior walls, equipmentinterior surfaces of exterior walls, ceilings, floors, windows, doors serving the Premises, including overhead doors, dock bumpers, dock pads, dock levelers, plate glass, skylights, landscaping, parking lots, snowplowing, walkways and finishes fire systems. Tenant, in keeping the Premises and any Alterations therein in clean, safe, and sanitary condition and Building Complex in good order order, condition and repair, will take shall exercise and perform good care maintenance practices. Tenant’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and Building Complex and all improvements thereon or a part thereof in good order, condition and state of repair. Tenant shall be responsible for trash removal. (collectivelyb) Tenant shall, at Tenant’s sole cost and expense, procure and maintain a contract, with copies to Landlord, customary form and substance for and with a contractor specializing and experienced in the “Maintenance Activities” andinspection, individually, the “Maintenance Activity”) maintenance and will cause no waste or injury thereto. As part service of the Maintenance Activitiesheating, air conditioning and ventilation system for the Premises. However, Landlord reserves the right, upon notice to Tenant, to procure and maintain the preventative maintenance contract for the heating, air conditioning and ventilating systems, and if Landlord so elects, Tenant shall be solely responsible reimburse Landlord, upon demand, for the cost thereof. (c) If Tenant fails to maintain and repair such finishes and equipmentperform Tenant’s obligations under this Section 8.1, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services Landlord may enter upon the Premises after twenty (20) days prior written notice to Tenant (except in the Premises whether installed by Tenant or by Landlord case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s behalf and whether installed at Tenant’s or Landlord’s costexpense, and Landlord has no obligation put the Premises in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)good order, except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, condition and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisesrepair.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services Finish work in the Premises whether installed other than work described in the preceding paragraph, may be done by Tenant, in compliance with the following: (a) No such work shall proceed without Landlord's prior written approval of (i) Tenant's contractor; (ii) detailed plans and specifications for the work; and (iii) a certificate of xxxxxxx'x compensation insurance in an amount and with a company and on a form acceptable to Landlord and a certificate of insurance in form and from an insurer acceptable to Landlord, showing Tenant or Tenant's contractor to have in effect public liability, comprehensive general liability and property damage insurance with limits of not less than $1,000,000/$2,000,000 and $1,000,000 respectively. All such certificates except worker's compensation shall be endorsed to show Landlord as an additional insured and such insurance shall be maintained by Tenant or Tenant's contractor at all times during the performance of Tenant's work. (b) All such work shall be done in conformity with applicable codes and regulations of governmental authorities having jurisdiction over the Building and premises and with valid building permits and other authorizations from appropriate governmental agencies when required shall be obtained by Landlord's representative at Tenant's sole expense. Any work not acceptable to the appropriate governmental agencies or not reasonably satisfactory to Landlord, shall be promptly replaced at Tenant's expense. Notwithstanding any failure by Landlord on to object to any such work, Landlord shall have no responsibility therefor. Tenant agrees to save and hold Landlord harmless for said work as provided in the Lease. (c) Tenant and Tenant’s behalf 's contractors shall abide by all safety and whether construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord. Entry by Tenant's contractors shall be deemed to be under all the terms, covenants, provisions and conditions of the Lease. All Tenant's materials, work, installations and decorations of any nature brought upon or installed in the Premises before the Lease Commencement Date shall be at Tenant’s or Landlord’s cost's risk, and neither Landlord has no obligation in connection therewithnor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof. Tenant shall not employ any contractor who in Landlords' opinion may prejudice Landlord's negotiations or relationships with Landlord's contractors or subcontractors or the negotiations or relationship of those contractors or subcontractors with their employees, or may disturb harmonious labor relations. (d) Tenant shall reimburse Landlord for any extra expenses incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of cleanup which fails to comply with Landlord's rules and regulations, or by reason of use Union Labor of elevators outside normal working hours. (e) Tenant shall pay to Landlord a building service fee of ten percent (10%) of the total cost of Tenant's work not done by Landlord's contractor to cover Landlord's cost of coordination of Tenant's Work. Such building service fee shall be paid to Landlord at the time of Landlord's approval of Tenant's contractor(s) as defined provided in Section 9.7 belowParagraph 2(a) for all Maintenance Activities above. (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant f) Tenant's contractors shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for post any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or signs on any part of the PremisesBuilding or the premises. (g) Tenant shall, upon Landlord's request, provide Landlord with copies of bills and invoices for the cost of Tenant's Work hereunder.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required and the time period shall be shortened as Landlord determines in its sole discretion if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to five percent (5%) of the cost of repairs. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible restored by Landlord. If Landlord elects to maintain and repair such finishes and equipmentstore any personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixturesother personal property of Tenant, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type same shall be stored at the sole risk of equipment or improvements, together with related plumbing, electrical, or other utility services in Tenant. Except to the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or extent of Landlord’s costnegligence or willful misconduct, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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. 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. Except to the extent of Landlord’s negligence or willful misconduct, 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. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to require that such obligations be performed by a contractor approved by Landlord, which approval Landlord shall not unreasonably withhold, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to maintain or make any repairs to the Premises for more than fifteen (15) 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), or within such longer period of time as necessary if the repair cannot reasonably be completed within said time so long as Tenant commences such repair within such fifteen (15) days and thereafter continuously and diligently pursues completion of such repair, but in no event will cause no waste such cure period be extended beyond an additional sixty (60) days, then Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable out-of-pocket cost of the repairs to Landlord within thirty (30) days after receipt of an invoice. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or injury thereto. As its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Maintenance ActivitiesComplex or from the pipes, Tenant shall be solely responsible to maintain and repair such finishes and equipmentappliances or plumbing works therein or from the roof, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, street or subsurface or from any other places resulting from dampness or any other type cause whatsoever unless due to the negligence or willful misconduct of equipment or improvements, together with related plumbing, electricala Landlord Party, or from the act or negligence of any other utility services tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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 whether installed 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. In addition, execution of this Lease constitutes acknowledgement by Tenant or that control of moisture and mold prevention by Landlord on Tenant in connection with Tenant’s behalf use and whether installed at operation of the Premises are integral to Tenant’s or Landlord’s costcompliance with its Lease obligations; provided, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activityhowever, Tenant shall not be in default of the Maintenance Labor Covenantliable for leakage or seepage around windows or due to other Building construction defects (which shall remain Landlord’s obligation to cure). Tenant shall (a) include adopt and implement the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may moisture and mold control guidelines reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into required by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesLandlord.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, shall keep the Premises and the fixturesLoading Dock in good and clean condition and shall at its sole cost and expense keep the same free of dirt, improvementsrubbish, equipmentice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and finishes any sewer stoppage located in, under and above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, except for any Alterations therein in cleanlatent design or construction defects that existed prior to the full execution of this Lease. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), safeLandlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs and Tenant shall pay to Landlord upon demand, and sanitary condition and in good order and repair, will take good care thereof (collectivelyas Rent hereunder, the “Maintenance Activities” andcost of such repairs plus interest at the Default Rate, individuallysuch interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the “Maintenance Activity”) and will cause no waste right to make such repairs without notice to Tenant in the event of an emergency, or injury thereto. As part if such repairs relate to the exterior of the Maintenance ActivitiesPremises. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The maintenance contractor and the 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 of the date Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type takes possession of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, provide Landlord a copy of such contract and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during upon request furnish proof reasonably satisfactory to Landlord that all such systems and equipment are being serviced in accordance with the Termmaintenance/service contract. At the expiration of this Lease, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include surrender the obligation Premises in good condition, excepting reasonable wear and tear. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to provide such evidence in each service contract entered into by Tenant for such servicespersons or property resulting from fire, and (c) incorporate the foregoing requirements in any subleaseexplosion, licensefalling plaster, steam, gas, electricity, water or occupancy agreement relating to all or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject I. Tenant shall at all times keep and maintain the Premises (including entrances, all glass, show window moldings and store fronts), and all partitions, doors, fixtures, equipment and appurtenances thereof and improvements thereto, (including lighting, heating, ventilation and plumbing fixtures and equipment and wiring and its air-conditioning system), in good order, condition and repair and shall replace any of the same as required by Landlord (including periodic painting and decoration as determined by the Landlord), including, but not limited to Landlord’s obligation plate glass windows, doors, door closure devices an d other exterior openings; window and door frames, molding, locks and hardware; special storefronts; lighting, heating, air-conditioning, plumbing and other electrical, mechanical electromotive installation, equipment and fixtures; signs, placards, decoration or advertising medial of any type; and interior painting or other treatment of exterior walls). Landlord shall not be required to provide certain janitorial services make any repairs to the Premises foundation, exterior walls or the roof by reason of Tenant’s acts or omissions to act or the act of any of Tenant’s employees, agents customers, or invitees. Tenant shall bear the cost of all such maintenance, repairs, and replacements and, if tenant fails to do any such maintenance, repairs and replacements, Landlord may do so and tenant shall pay to the Landlord upon demand, as additional rent hereunder, the cost of all such maintenance, repairs and replacements plus interest at the maximum contractual rate which could legally be charged in the event of a loan of such payment to the Tenant under Section 16.5 (Other Services)the laws of the State of Florida, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. II. Tenant willshall enter into and maintain throughout the Lease Term, at its sole cost, keep a service agreement in form and content and with a duly licensed service company acceptable to the Premises and the fixturesLandlord, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes replace the heating, ventilating and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type including both the unit located on the building roof and the unit within the Premises. The service company shall maintain liability insurance coverage in an amount of equipment or improvements, together with related plumbing, electrical, or other utility services in at least $1,000,000.00 during the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each term of its service contracts, (b) provide such evidence as agreement. A copy of this service agreement shall be furnished to Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide advise Landlord of any termination or replacement of such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisesagreement.

By Tenant. Subject to Section 8(b)(i) above, Tenant shall keep the interior, non-structural portion of the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken interior glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws. All contractors and subcontractors shall be subject to Landlord’s obligation written approval in accordance with Section 8(b)(iii). If any repairs required to provide certain janitorial services be made by Tenant hereunder are not commenced within ten (10) Business Days after written notice delivered to Tenant by Landlord (such time period not being subject to the Premises under notice and cure provisions of Section 16.5 (Other Services17(f)), Tenant will, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Building. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole costrisk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, keep its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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 fixturesPremises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, improvements, equipmentincluding leaks), and finishes 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, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any Alterations therein in clean, safe, item of Tenant’s repair and sanitary condition and in good order and maintenance obligations set forth herein involves a capital repair, will take good care thereof replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (collectively“Tenant Repair Capital Item”), including, without limitation, any necessary replacement of any HVAC unit or air handler serving the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesBuilding, Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item, provided that neither party shall have the right to require that the capacity, quality or size of any item to be solely responsible repaired or replaced be upgraded as part of such work unless the party requiring such upgrade agrees to maintain and repair bear any increased cost associated with the acquisition of/or installation of an upgraded item compared to the acquisition/installation of a reasonably similar substitute item (however, if applicable law requires such finishes and equipmentan upgrade, including kitchen appliances and fixturesthe foregoing limitation will not apply). Following completion of such work, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type provide Tenant with written notice of equipment or improvements, together with related plumbing, electrical, or other utility services in (i) the Premises whether installed by total cost of such Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Repair Capital Item (“Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor CovenantRepair Capital Item Cost”), except that (ii) the Maintenance Labor Covenant shall not apply estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the monthly amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence “prime rate” as Landlord may reasonably require, announced from time to time during the Termby Bank of America, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesN.A., plus one percent (1%) per annum, and (civ) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating monthly amount due and payable by Tenant to all or any part reimburse Landlord for that portion of the Premisesamortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the payment by Tenant to Landlord of the monthly Base Rent. The intent of the parties hereto is that, in the event of the necessity of a Tenant Repair Capital Item, Tenant shall only be obligated to pay the cost of such Tenant Repair Capital Item Cost equal to the ratio that the remainder of the Term bears to the Useful Life (i.e., if there are five (5) years remaining in the term and the Useful Life of the applicable Tenant Repair Capital Item Cost is twenty (20) years, Tenant will only be required to pay twenty five percent (25%) of such Tenant Repair Capital Item Cost, plus interest as described in clause (iii) above.

By Tenant. Subject All work in the Premises, shall be done by Tenant in compliance with the following: (a) No such work shall proceed without Landlord's prior written approval which approval shall not be unreasonably withheld or delayed, of (i) Tenant's contractor; (ii) detailed plans and specifications for the work; and (iii) a certificate of worker's compensation insurance in an amount and with a company and on a form acceptable to Landlord and a certificate of insurance in form and from an insurer acceptable to Landlord’s obligation , showing Tenant or Tenant's contractor to provide certain janitorial services have in effect public liability, comprehensive general liability and property damage insurance with limits of not less than $1,000,000/$5,000,000 and $2,000,000 respectively. All such certificates except worker's compensation shall be endorsed to show Landlord, Landlord's Contract Manager (Herb Xxxxxxx) xxd Landlord's Property Manager as an additional insured and such insurance shall be maintained by Tenant or Tenant's contractor at all times during the performance of Tenant's work. (b) All such work shall be done in conformity with applicable codes and regulations of governmental authorities having jurisdiction over the Building and Premises and with valid building permits. Such permits and other authorizations from appropriate governmental agencies, when required, shall be obtained by Tenant's representative at Tenant's sole expense. Any work not acceptable to the Premises appropriate governmental agencies or Landlord, shall be promptly replaced at Tenant's sole expense. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility therefor. Tenant agrees to save and hold Landlord harmless as provided in the Lease for said work. (c) Tenant and Tenant's contractors shall abide by all safety and construction laws, ordinances, rules and regulations. All work and deliveries shall be scheduled through Landlord's Contract Manager and Landlord's Property Manager by notice telecopied to (201) 000-0000 Xxxry by Tenant's contractors shall be deemed to be complete under Section 16.5 (Other Services)all the terms, Tenant willcovenants, at its sole cost, keep the Premises provisions and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part conditions of the Maintenance ActivitiesLease to the extent not inconsistent with Tenant's performance of the work. All Tenant's materials, Tenant shall be solely responsible to maintain work, installations and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, decorations of any nature brought upon or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services installed in the Premises whether installed before the Commencement Date shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof. Tenant shall not employ any contractor who in Landlord's opinion may prejudice Landlord's negotiations or relationships with Landlord's contractors or subcontractors or the negotiations or relationship of those contractors or subcontractors with their employees, or as may disturb harmonious labor relations. (d) Tenant shall reimburse Landlord for any extra expenses incurred by Landlord by reason of faulty work done by Tenant or Tenant's contractors, or by Landlord on reason of delays caused by such work, or by reason of cleanup which fails to comply with Landlord's Rules and Regulations, or by reason of use of elevators outside normal working hours. (e) Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant 's contractors shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for post any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or signs on any part of the Building or the Premises. (f) Tenant shall, upon Landlord's request, provide Landlord with copies of bills and invoices for the cost of Tenant's Work hereunder and Tenant shall certify as to the correctness of such bills and invoices. (g) Tenant shall reimburse Landlord for the cost of Landlord's Contract Manager in the amount of $7,265.00.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to Tenant will at all times during the Premises under Section 16.5 (Other Services)term of this Lease, Tenant willany extensions thereof, and during any period of holding over, at its sole costexpense, under the direction of Landlord, keep, maintain, replace and repair interior walls, floor coverings, ceiling (including without limitation tiles and grids), Tenant Improvements, fire extinguishers, outlets and fixtures and any appliances, in first class condition, subject to ordinary wear and tear. Tenant will also keep the Leased Premises in a clean and safe condition, the fixturesnon-structural interior portions of the Leased Premises, improvementsincluding all interior plate glass, equipmentglass doors and windows, and finishes and any Alterations therein in cleanamong other things, safe, and sanitary condition and in good order order, condition, and repair, in a safe, clean, and free of trash and waste condition, and in compliance with all applicable laws, ordinances, rules, and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the Leased Premises or personal injuries, deaths, or property damage occurring in, on, or about the Leased Premises. The cost of all repairs made necessary to the Leased Premises by the fault or negligence of Tenant, its employees, agents, customers or invitees, will take good care be paid promptly by Tenant, except to the extent covered by Landlord’s Insurance. Tenant will not make any repairs, alterations or additions, including alterations prior to the commencement of this Lease, or make any contracts therefore, without first procuring Landlord’s written consent, unless the cost thereof is less than Twenty-five Thousand Dollars (collectively$25,000) and said repairs, alterations or additions are non-structural in nature. Prior to Tenant’s commencement of any repairs, alterations or additions to the Leased Premises, either under this Article or Article 8, Tenant will deliver to Landlord any plans and specifications as well as copies of proposed contracts and necessary permits, and furnish such indemnification against liens, costs, damages and expenses as may be reasonably required by the Landlord, Tenant has the right to install a generator, subject to applicable Governmental Requirements, the “Maintenance Activities” andinstallation, individuallymaintenance, repair and removal of the “Maintenance Activity”) generator will be at Tenant’s sole cost and expense. All alterations, additions, improvements and fixtures, other than trade fixtures, which may be made or installed by either of the parties hereto upon the Leased Premises, and which are in any manner attached to the floors, walls or ceilings at the termination of this Lease will at the expiration or earlier termination of the Term become the property of Landlord and will cause no waste remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury thereto. As part injury, unless Landlord requests, at the time approving such installation, that such alterations or improvements be removed, in which event the same will be removed by the Tenant at the expiration of the Maintenance Activitiesterm of this Lease at its own expense, and it will be obligated to repair any damages occasioned thereby. Tenant will leave the Leased Premises in the condition as set forth in this subsection and Article 34. Any other terms or provisions in this Lease to the contrary notwithstanding, Tenant shall be solely responsible have the right to maintain and repair such finishes and remove equipment, including kitchen appliances and trade fixtures, modular furnitureracks, showers office cubicles, wall-mounted displays and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment fixtures or improvements, together with related plumbing, electrical, improvements made by or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To , so long as Tenant repairs damage, if any, caused by the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisesremoval.

By Tenant. Subject to Section 8(b)(i) above, Tenant shall keep the interior, non-structural portion of the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken interior glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws. All contractors and subcontractors shall be subject to Landlord’s obligation written approval in accordance with Section 8(b)(iii). If any repairs required to provide certain janitorial services be made by Tenant hereunder are not commenced within ten (10) Business Days after written notice delivered to Tenant by Landlord (such time period not being subject to the Premises under notice and cure provisions of Section 16.5 (Other Services17(f)), Tenant will, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Xxxxxx. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Building. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole costrisk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, keep its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of 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, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the fixturesPremises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, improvements, equipmentincluding leaks), and finishes 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, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any Alterations therein in clean, safe, item of Tenant’s repair and sanitary condition and in good order and maintenance obligations set forth herein involves a capital repair, will take good care thereof replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (collectively“Tenant Repair Capital Item”), including, without limitation, any necessary replacement of any HVAC unit or air handler serving the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesBuilding, Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item, provided that neither party shall have the right to require that the capacity, quality or size of any item to be solely responsible repaired or replaced be upgraded as part of such work unless the party requiring such upgrade agrees to maintain and repair bear any increased cost associated with the acquisition of/or installation of an upgraded item compared to the acquisition/installation of a reasonably similar substitute item (however, if applicable law requires such finishes and equipmentan upgrade, including kitchen appliances and fixturesthe foregoing limitation will not apply). Following completion of such work, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type provide Tenant with written notice of equipment or improvements, together with related plumbing, electrical, or other utility services in (i) the Premises whether installed by total cost of such Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Repair Capital Item (“Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor CovenantRepair Capital Item Cost”), except that (ii) the Maintenance Labor Covenant shall not apply estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the monthly amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence “prime rate” as Landlord may reasonably require, announced from time to time during the Termby Bank of America, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesN.A., plus one percent (1%) per annum, and (civ) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating monthly amount due and payable by Tenant to all or any part reimburse Landlord for that portion of the Premisesamortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the payment by Tenant to Landlord of the monthly Base Rent. The intent of the parties hereto is that, in the event of the necessity of a Tenant Repair Capital Item, Tenant shall only be obligated to pay the cost of such Tenant Repair Capital Item Cost equal to the ratio that the remainder of the Term bears to the Useful Life (i.e., if there are five (5) years remaining in the term and the Useful Life of the applicable Tenant Repair Capital Item Cost is twenty (20) years, Tenant will only be required to pay twenty five percent (25%) of such Tenant Repair Capital Item Cost, plus interest as described in clause (iii) above.