Common use of By Tenant Clause in Contracts

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

By Tenant. Tenant shall, at its expense, throughout the term of this Lease, take good care of the Premises, the fixtures and appurtenances therein and Tenant's Property. Tenant shall act with care be responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, in its use and occupancy of to the Leased Premises and the fixtures therein andBuilding and the facilities and systems thereof, at the need for which arises out of (a) the performance or existence of Tenant's sole cost and expensework or alterations; (b) the installation, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner operation of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth property in the preceding sentence, Tenant, at Premises; (e) the moving of Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building Building; or by installation (d) the act, omission, misuse, or removal neglect of furnitureTenant or any of its subtenants or its or their employees, fixtures agents, contractors or other property by Tenant shall be repaired, restored or replaced promptly by invitees. Tenant, at its sole cost and expense, shall promptly replace all scratched, damaged, or broken doors and glass in and about the Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures therein. Tenant shall promptly make, at Tenant's expense, all repairs in or to the reasonable satisfaction Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Landlord. All such aforesaid repairs, restoration and replacements repairs shall be performed at such times and in quality such manner as shall cause the least interference with the operation of the central systems of the Building and class equal the use of the Building by other occupants. Any such repairs shall be subject to the original work supervision and control of Landlord for which Landlord may charge Tenant a reasonable fee. Any other repairs in Building or installation but in no event need exceed to the Building standardsfacilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's ’s sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's ’s obligations set forth in the preceding sentence, Tenant, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's ’s Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at At Tenant's ’s sole cost and expense, shall make all repairs Tenant hereby expressly assumes responsibility to maintain the Leased Premises (including without limitation the roof, structural portion of the Premises, exterior walls, Building systems, landscaped areas and replacements the Parking Area) in a clean, operable, attractive condition, and will not commit or allow to remain any waste or damage to any portion of the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, TenantAdditionally, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacementssubject to Landlord’s reasonable direction, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installationsupervision, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Leaserequirements, Tenant shall not have cause the repair or replacement of any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by any Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of LandlordRelated Party. All such aforesaid repairs, restoration and repairs and/or replacements shall be effected (a) in quality compliance with all Legal Requirements; (b) in a manner that will not void or affect any contractor’s or manufacturer’s warranties; (c) in a good and class equal workmanlike manner and (d) by contractors approved by Landlord. If Tenant becomes aware of any need for repair or replacement of damage with respect to the original work Leased Premises caused by any Tenant Related Party, Tenant shall immediately notify Landlord thereof. If Landlord becomes aware (by notice from Tenant or installation but otherwise) of any need for repair or replacement of damage to the Complex caused by any Tenant Related Party, Landlord shall so notify Tenant in no writing. In either event, Tenant shall cause all such repairs and/or replacements to be completed within thirty (30) days thereafter; provided, however, if such repairs or replacements cannot be completed within such thirty (30) day period, Tenant shall cause such repairs or replacements to be commenced within thirty (30) days after such notice and pursued diligently and promptly to satisfactory completion. In the event need exceed Building standardsTenant does not cause such repairs or replacements to be timely commenced and diligently pursued to completion, such shall be an Event of Default as provided in Section 22.1(b) and, without waiving or curing such Event of Default, Landlord may cause such repairs and/or replacement to be made at Tenant’s expense. Upon written demand, Tenant shall pay to Landlord all reasonable costs and expenses paid or incurred by Landlord in making such repairs and/or replacements, together with interest on such amounts.

By Tenant. Tenant shall act with care in its use and occupancy of keep the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence Loading Dock (unless it is used in common with other tenants of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premisesgood, or elsewhere in the Building clean and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance habitable condition and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense keep the same free of dirt, rubbish, ice 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 any sewer stoppage located in or otherwise exclusively serving the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, provided that Tenant shall have no obligation to repair or replace any item where the damage was caused by the gross negligence or willful misconduct of Landlord or other tenant of Complex. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all HVAC systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises; provided, however, that if Tenant fails to enter into or maintain a contract for the maintenance and repair of the HVAC equipment in the Premises, Landlord shall have the option of contracting directly with an HVAC servicing company for all such work and charging Tenant for all costs thereof. 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)), Landlord, after providing notice to Tenant of the same, 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 within ten (10) days of Landlord’s 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 actual or apparent emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, excepting reasonable satisfaction of wear and tear and losses required to be restored by Landlord. All such aforesaid repairspersonal property of Tenant, restoration including goods, wares, merchandise, inventory, trade fixtures and replacements 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 property resulting from fire, explosion, falling plaster, steam, gas, electricity, water 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 quality most any moist location. Emphasis is properly placed on prevention of moisture and class equal 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 Premises. Xxxxxx 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 original work growth of or installation but in no event need exceed Building standardsoccurrence 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 L attached hereto.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expenseexpense and throughout the Term and any renewals or extensions thereof, to shall keep and maintain the reasonable satisfaction of LandlordProperty in a neat, safe and orderly condition and shall make all necessary repairs and replacements thereto, including all plumbing servicing the Property. All such aforesaid Tenant accepts “as is” the existing HVAC, electrical and other mechanical facilities and systems serving the Premises, and Landlord is not responsible for any repairs, restoration replacement, improvements or other modifications thereto. Tenant agrees to submit to Landlord complete plans and replacements specifications, including engineering, mechanical, and electrical work covering any and all contemplated Tenant work or repairs, if applicable, and any subsequent improvements or alterations of the Premises. The plans and specifications shall be in such detail as Landlord may reasonably require, and in compliance with all Laws. As soon as reasonably feasible thereafter, Landlord shall notify Tenant of any failures of Tenant’s plans to meet with Xxxxxxxx’s approval. Tenant shall cause Xxxxxx’s plans to be revised to the extent necessary to obtain Landlord’s approval. Tenant shall not commence any Tenant Work, or any of the Improvements, or alterations of Premises until Landlord has approved Tenant’s plans. Tenant shall procure all necessary permits before undertaking any Tenant’s work or repairs. Tenant shall perform all of Tenant’s work or repairs in a good and workmanlike manner. Tenant shall use materials of good quality and class equal perform Tenant’s work or repairs only with contractors previously approved of in writing by Landlord. Tenant’s work or repairs shall comply with all Laws. Tenant will pay the cost of any repairs, replacement, improvements, or other modifications to the original work electrical system or installation but heating and air conditioning system or other mechanical facilities and systems of the Premises necessitated by such usage and Permitted Use, the cost of separate metering, if required by Landlord, and the cost of any additional electrical service provided to Tenant. Landlord is not liable for any damage, loss or expense incurred by Tenant by reason of any interruption, reduction (permanent or temporary) or failure of any utilities or services for the Premises or the Building. Landlord may, with written notice to Tenant (except that no notice is required in the event of an emergency), cut off and discontinue any utilities and services when such discontinuance is necessary in order to make repairs or alterations or if otherwise required in connection with the fulfillment of Landlord’s obligations under this Lease, though such repairs and alterations shall be completed within a commercially reasonable amount of time and Landlord shall use it best efforts to ensure the discontinuance is as short as is commercially reasonable. Tenant is not entitled to any abatement of rent as a result of the Premises being rendered unusable for their intended purpose due to any such failure, discontinuance, interruption or reduction, unless such failure, discontinuance, interruption, or reduction in services extends beyond a commercially reasonably period of time. No failure, interruption or reduction of utilities or services will be construed as an eviction or disturbance of possession by Landlord, and Tenant has no event need exceed Building standardsright to terminate this Lease as a result thereof, unless such failure, discontinuance, interruption, or reduction in services extends beyond a commercially reasonably period of time. Upon the expiration of the Term, Tenant shall yield and deliver up the Property in like condition as when taken, ordinary wear and tear excepted.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenantshall, at its sole cost 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 good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) the Building’s Systems exclusively serving the Premises (subject to the terms of Section 8(b)(i)); (2) Tenant’s equipment and fixtures; (3) Tenant’s signs, placards, decorations or other advertising media of any type; (4) interior painting or other treatment of exterior walls; (5) plate glass, windows, doors and other exterior openings including replacement of cracked or broken glass; (6) window and door frames, molding, closure devices, locks and hardware; (7) special store fronts, if any; and (8) the Grade-Level Truck Door in good, clean and habitable condition. In addition, Tenant shall, at its sole cost and expense, keep the same free of dirt, rubbish, insects, rodents, vermin and other pests. Without limiting the coverage of the previous sentences, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of the Building’s Systems exclusively serving the Premises and Tenant’s equipment and fixtures, and also includes all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under or above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable satisfaction of wear and tear and losses required to be restored by Landlord. All such aforesaid repairspersonal property of Tenant, restoration including goods, wares, merchandise, inventory, trade fixtures and replacements other personal property of Tenant, shall be stored at the sole risk of Tenant. Except for loss or damage resulting from the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, Landlord or 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 quality most any moist location. Emphasis is properly placed on prevention of moisture and class equal 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 original work property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a manner that prevents unusual moisture conditions or installation but mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) maintain the Premises at a consistent temperature and humidity level in no event need exceed Building standardsaccordance with the Property Manager’s instructions; (D) regularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. 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. Except to the extent caused by Landlord’s gross 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. Tenant shall act with care in its use and occupancy Except for those portions of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or Building for which Landlord is responsible under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence9.1, Tenant, at Tenant's sole cost and expense, shall also at all times keep all portions of the Premises in good order, condition and repair (i) make all repairs and including replacements, as and when necessary), to Tenant's Special Installations including, without limitation, all plate glass, show cases, non-structural storefront parts and to any Alterations made or performed by or on behalf moldings, doors, door jams, door closers, door hardware, fixtures, equipment and appurtenances thereof, floors, partitions and surfaces of Tenant or any Person claiming through or under Tenantinterior walls, (ii) perform ceilings all maintenance electrical, lighting, heating, plumbing and make all repairs sprinkler systems, fixtures and replacements, as and when necessary, to any air-conditioning equipment, private elevatorsHVAC, escalatorsenergy management systems, conveyors utility and communication services, all satellite hardware, wiring and connections, alarm and other systems within the walls, slabs, ceilings or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof interior of the Building Premises and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premisesother maintenance not specifically listed above as Landlord's Repairs. However, except as otherwise provided in this Lease, Tenant shall not have also be responsible for the repair of any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, and all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or caused to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out any other portion of the Building Shopping Center by any act, neglect or by installation omission of Tenant or removal its employees, agents, invitees, licensees, contractors or subtenants; the repair of furniture, fixtures or other property by Tenant any such damage shall be repaired, restored or replaced promptly made by Landlord at Tenant, at its sole 's cost and expense, and Tenant shall reimburse to Landlord all such costs and expenses, together with the reasonable satisfaction Management Fee calculated as a percentage of Landlordthe amount thereof, within ten (10) days after submission by Landlord to Tenant of a statement of the amount thereof. All At Tenant's expense, Tenant shall maintain in force a service and preventive maintenance contract with an authorized HVAC service company covering all heating, ventilation and air conditioning equipment serving the Premises, and shall provide Landlord with a copy thereof prior to commencement of the Term, unless Landlord elects to obtain such aforesaid repairsa contract for the entire Building, restoration and replacements or for any larger portion of the Shopping Center, in which event Tenant shall not be required to maintain such contract but shall be in quality required to reimburse Landlord for Tenant's pro rata share of the cost of such contract. Tenant's pro rata share shall be determined by multiplying the total cost thereof by a fraction, the numerator of which is the Gross Leasable Area of the Premises and class equal the denominator of which is the Gross Leasable Area of the Building, or any such larger portion of the Shopping Center to which the original work or installation but in no event need exceed Building standardscontract applies. Tenant shall use Landlord's roofing company to make all roof penetrations so as not to void Landlord's roof warranty.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein andshall, at Tenant's sole its own cost and expense, shall make keep and maintain all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy parts of the Leased Premises by Tenant or any such Person; however (except those for which Landlord is expressly responsible under the foregoing provisions terms of this subsection shall Lease) and Fixtures in good condition, excepting reasonable wear and tear and casualty losses required to be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, restored by Landlord as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to Without limiting the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out coverage of the Building or by installation or previous sentence, it is understood that Tenant's responsibilities include the repair and replacement in accordance with all applicable Laws of all windows, glass and plate-glass, doors, any special office entries, interior walls and finish work, floor coverings, dock doors, dock boards, truck doors, dock bumpers, and all lighting, heating, air conditioning, ventilation, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, pest extermination, regular removal of furnituretrash and debris, fixtures or other property and keeping the whole of the Premises in a clean and sanitary condition. All repairs by Tenant shall be repairedcomparable in quality to the condition of the Premises or the Fixtures, restored as applicable, as of the commencement of the Term or, with respect to improvements made or replaced promptly constructed by TenantTenant after commencement of the Term, the completion date of such improvements. 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, Landlord may at its sole 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, and Tenant shall pay to Landlord within ten (10) business days after demand (with documentation verifying the nature and cost and expenseof such repairs), as Additional Rent hereunder, the cost of such repairs. 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 reasonable satisfaction exterior of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsPremises.

By Tenant. Tenant shall act with care keep the Premises in good, clean and habitable condition and shall at its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expenseexpense keep the same free of dirt, shall rubbish, ice 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, but subject to the Leased 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 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 any sewer stoppage located in, under and above the Premises, structural regardless of when or otherwise, necessitated how the defect or caused by the acts, omissions other cause for repair or negligence of Tenant replacement occurred or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises became apparent. All repairs by Tenant or any such Person; however shall conform, at a minimum, to the foregoing provisions of this subsection Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord from time to time. All contractors and subcontractors shall be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any repairs required to be made by Tenant hereunder are not made or commenced 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 1317(f)), 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. Without affecting 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's . 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 Premises. 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 risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, 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 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 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. 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 item of Tenant’s repair and maintenance obligations set forth in herein involves a capital repair, replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the preceding sentence, receipt of such notice from Tenant, at Tenant's sole cost make such Tenant Repair Capital Item, and expensefollowing completion thereof, shall also provide Tenant with written notice of (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf the total cost of such Tenant or any Person claiming through or under TenantRepair Capital Item (“Tenant Repair Capital Item Cost”), (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems the estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others“Useful Life”), (iii) perform all maintenance and make all repairs and replacements, as and when necessary, the amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the antennas and satellite dishes installed “prime rate” as announced from time to time by Tenant on the roof Bank of the Building and make all repairs to the roof caused by such installationAmerica, N.A., plus one percent (1%) per annum, and (iv) perform regular cleaning the monthly amount due and janitorial services in the double-secured areas payable by Tenant to reimburse Landlord for that portion of the Leased Premises. However, except as otherwise provided in this Lease, amortized Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition Repair Capital Item Cost applicable to the foregoingremainder of the Lease Term, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused which monthly amount shall be paid by Tenant moving property in or out to Landlord concurrently with the payment by Tenant to Landlord of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsmonthly Base Rent.