Common use of CARE AND REPAIR OF DEMISED PREMISES Clause in Contracts

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premises, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, after notice shall have been given Tenant in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3), the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s Lessee's obligations hereunder shall include include, but not be limited to to, the maintenance, repair and replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant Lessee fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 36 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any nay loss or damage that may accrue to Tenant’s Lessee's merchandise, fixtures or other property or to Tenant’s Lessee;s business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus fifteen (15% %) for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord Lessor shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, provided however where structural repairs are required to be made by reason of the acts of TenantLessee, the costs thereof shall be borne by Tenant Lessee and payable by Tenant Lessee to Landlord Lessor upon demand. Except as otherwise provided herein, the Landlord The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class reasonably good condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s Lessee's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures*, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant Lessee fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any loss or damage that may accrue to Tenant’s Lessee's merchandise, fixtures or other property or to Tenant’s Lessee's business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord Lessor shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, provided however where structural repairs are required to be made by reason of the acts of TenantLessee, the costs thereof shall be borne by Tenant Lessee and payable by Tenant Lessee to Landlord Lessor upon demand. Except as otherwise provided herein, the Landlord The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.. If Lessor fails, refuses or neglects to perform outside maintenance of the Demised Premises as required in this Lease after notice shall have been given to Lessor in accordance with Article 33 of this Lease, Lessee may perform such maintenance without liability to Lessor for any loss or damage that may accrue by reason thereof (excepting gross negligence and willful misconduct of Lessee), and upon completion thereof, Lessor shall pay to Lessee all reasonable costs plus 10% for overhead incurred by Lessee in performing such maintenance upon presentation to Lessor of a xxxx therefor. * The Lessor will be responsible for a semi-annual inspection and servicing of the heating, ventilating and air conditioning (HVAC) components as part of the Operating Expenses for the Building. The Lessee will be responsible for repairs and replacements outside of Lessor's semi-annual preventative maintenance. Lessor will also service and certify the existing HVAC components are in good working condition as of the Commencement of the Lease. The Lessor will be responsible for any repairs or replacements of any faulty HVAC components through June 30, 1998. SIGNS:

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term Term of this Lease, including renewals Lease and any extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class reasonable condition, reasonable wear and tear excepted and taking into account that as of the date of this Lease, the Demised Premises was delivered to Tenant in an “as is” condition except for those improvements specified on Exhibit C, and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to include, without limitation, the maintenance, repair and repair, replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the all “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all non-load bearing” interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and docks, the replacement of all broken glass, of all fixture/equipment/component of heating, ventilation, air conditioning (HVAC) systems associated with Tenant’s clean room and lab areas (with the HVAC systems servicing the office space portion of the Demised Premises being a CAM expense, the proportionate share of which CAM expense shall be borne by Tenant), all lighting systems, plumbing systems and electrical systems; provided, however, prior to the commencement of this Lease, Landlord agrees to perform an inspection of the Demised Premises and repair and/or replace, respectively, any defects to the roof and any defective rooftop heating and cooling units. When In the event that an HVAC rooftop unit or ceiling hung unit heater requires replacement subsequent to the commencement of this Lease, the cost of such replacement shall be shared between Landlord and Tenant, Tenant’s share to be based on a ratio of the time of occupancy to the nearest one-half year to the estimated useful life of the unit, unless caused by the misuse or neglect of Tenant. Such estimations are fifteen (15) years for a roof top unit and ten (10) years for a ceiling hung unit heater under normal conditions. With the exception of HVAC equipment, when used in this provision, the term “repairs” shall include replacements or renewals when necessaryreplacements, and all such repairs or replacements made by the Tenant shall be of equal in quality and class to the original work. Without limiting the generality “as is” condition of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable original equipment or work to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for Premises as of the performance of all maintenance to be performed thereunderCommencement Date. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof use reasonable efforts to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, regardless of any CAM performed by Landlord. Tenant shall make reasonable efforts to maintain a minimum temperature in the Demised Premises of 40 degrees during the Term of this Lease; provided, however, Tenant shall not be held responsible for failure to maintain such minimum temperature of the Demised Premises as a result of any disruption in utility service or an accident, Act of God, or other circumstances beyond Tenant’s control that prevents the continuity of the utility service necessary to maintain such minimum temperature. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Tenant, in accordance with Article 33 17.0 of this Lease, Landlord may make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency conditionreplacements. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, where structural unless such repairs are required to be made by reason as a result of the acts of Tenant, its employs, agents, assigns or invitees, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demandLandlord. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so its performance due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the “"HVAC Equipment”"), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premises, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoingLandlord shall obtain, Tenant shall obtain following a competitive bidding process in which at least three (3) bids are obtained, and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to LandlordLandlord and sufficient to maintain all equipment warranties, for the regular maintenance of all HVAC Equipment within or exclusively serving for the Demised Premisesentire Building, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant Landlord shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord Tenant from time to time upon request by Tenant. The cost of such maintenance contract shall be included in Operating Expenses. Except for repair and maintenance covered by the maintenance contract obtained by Landlord, all other repair, maintenance or replacement of the HVAC equipment shall be Tenant's responsibility. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, dirt and rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, after twenty (20) days notice shall have been given Tenant in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures or other property or to Tenant’s 's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “"Operating Expenses” " pursuant to Section 3), the roof, the Common Areas, the portions of the Building HVAC, plumbing and electrical systems to the extent not serving one tenant space; and the structural portions of the Building; , provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for compliance with applicable laws, including without limitation, the ADA, regulations and ordinances applicable to the Common Areas and other portions of the Property Landlord is required to repair and maintain. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays Sundays, Memorial Day, the 4th of July, Labor Day, Thanksgiving Day and holidays, Christmas Day upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term terms of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, replacement if necessary, of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Notwithstanding, Lessor shall have sole responsibility for compliance with any directives from jurisdictional authorities regarding fire sprinkler systems. If Tenant fails, refuses refuses, or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant in accordance with Article 33 of this LeaseTenant, Landlord Lessor may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures fixtures, or other property or to Tenant’s 's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant of bxxx xxxx therefor; provided, however, that no notice . Lessor shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3), the keep all structural portions of the Building; providedpremises to include the foundation, howeverexterior walls (except plate glass or glass or other breakable materials used in structural portions) and roof in good repair, where structural repairs are and if necessary or required by proper governmental authority, make modifications or replacements thereof, except that Lessor shall not be required to be made make any such repairs, modifications or replacements which become necessary or desirable by reason of the acts negligence of Tenant, the costs thereof its agents, servants, or employees. The Lessor shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for manage all outside maintenance of the Demised Premises, including grounds and parking areas. The cost of said maintenance shall be prorated in accordance with Section 4 of this lease. All such maintenance which is the responsibility of the Landlord provided by Lessor shall be provided as reasonably necessary to for the comfortable use and of occupancy of Demised Premises during business hours, except Saturdays, Sundays Sunday, and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control. Lessor shall use due diligence in the completion of all maintenance and repairs.

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s Lessee's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant Lessee fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any loss or damage that may accrue to Tenant’s Lessee's merchandise, fixtures or other property or to Tenant’s Lessee's business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord Lessee shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord The Lessee shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1a. Lessor warrants that heating, ventilation, air conditioning, electrical, plumbing, structural, mechanical, and fire sprinkler equipment will be in safe working condition and in compliance with all applicable rules, codes and ordinances, including but not limited to the A.D.A. as of the commencement of this Lease. Tenant Lessor shall be responsible for obtaining warranties on all new construction and all such warranties shall inure to the benefit of Lessee. Lessee shall, at all times throughout the term of this Lease, including renewals renewals, and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary sanitary, and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations Lessee's obligation hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, and systems systems. Lessee shall within five (5) days of occupancy, contract with a licensed HVAC maintenance company to maintain the “system in proper working order and make repairs if necessary. The Lessee agrees to supply a copy of the Maintenance Agreement to the Lessor and shall at all times during the term of this Lease keep in full force a HVAC Equipment”)maintenance agreement. Lessee has ten (10) days from the commencement of this Lease to notify Lessor of any defects in the HVAC system. If Lessee does not notify Lessor within ten (10) days, Lessee is deemed to have accepted the premises in As Is condition. Not withstanding the above, Lessor shall inspect the HVAC system prior to Lessee's occupancy of the Premises and Lessor shall warrant the HVAC system for a period of one (1) year from the scheduled Commencement date. In addition, Lessee shall maintain, repair and replace, if necessary, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glassglass that are part of the Demised Premises. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, after notice shall have been given Tenant in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3), the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term terms of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, replacement if necessary, of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. *Refer to Rider, paragraph 13. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant in accordance with Article 33 of this LeaseTenant, Landlord Lessor may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures or other property or to Tenant’s 's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant of bxxx therefor; providedinvoices therefor provided said repairs are reasonably visible to Lessor, howeverand unless repairs are of an urgent or emergency nature, Lessor shall provide Tenant with written notice of Tenant's failure to make repairs, and Tenant shall have 30 days to cure the deficiency. Lessor shall keep the foundation, exterior walls (except plate glass or glass or other breakable materials used in structural portion) and roof in good repair, and if necessary or required by proper governmental authority, make modifications or replacements thereof, except that no notice Lessor shall not be required in the event of to make any hazardous such repairs, modifications or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3), the structural portions of the Building; provided, however, where structural repairs are required to be made replacements which become necessary or desirable by reason of the acts negligence of Tenant, its agents, servants or employees, or by reason of anyone illegally entering or upon the costs thereof premises, repairs, modifications or replacements are covered and collectible under the insurance policies required to be maintained by LESSOR under the terms and conditions of this Lease, unless the cost of said repairs, modifications or replacements are covered and collectible under the insurance policies required to be maintained by LESSOR under the terms and conditions of this Lease. The Lessor shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for manage all outside maintenance of the Demised Premises, including grounds and parking areas. The cost of said maintenance shall be prorated in accordance with Section 4 of this Lease. All such maintenance which is the responsibility of the Landlord provided by Lessor shall be provided as reasonably necessary to for the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays Sundays, and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant a. Lessee shall, at all times throughout the term of this Lease, including renewals renewals, and extensions, and at its sole expense, keep and maintain the Demised Premises demised premises in a clean, safe, sanitary sanitary, and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations Lessee's obligation hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, and systems systems. Lessee shall within five (5) days of occupancy, contract with a licensed HVAC Maintenance Company to maintain the “system in proper working order. The Lessee agrees to supply a copy of the Maintenance Agreement to the Lessor and shall at all times during the term of this Lease keep in full force a HVAC Equipment”)maintenance agreement. Provided, however, at Lessor's option, Lessor may obtain the HVAC maintenance agreement for the benefit of Lessee, and Lessee hereby agrees to pay to Lessor's contractor or to Lessor, the total annual cost of such services as soon as such is determined and billed to Lessee. Nothing herein is intended to release Lessee from and Lessee agrees to be responsible for the maintenance and repair or replacement of the HVAC system. Lessee has ten (10) days from the commencement of this Lease to notify Lessor of any defects in the HVAC system. If Lessee does not notify Lessor within ten (10) days Lessee is deemed to have accepted premises in As Is condition. In addition, Lessee shall maintain, repair and replace, if necessary, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, after notice shall have been given Tenant in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3), the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control."

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary sanitary, and first class condition reasonable wear and tear accepted and in compliance with all applicable laws, codes, ordinances, rules rules, and regulations. TenantLessee’s obligations hereunder shall include include, but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, equipment and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment docks, and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow snow, and ice. If Tenant Lessee fails, refuses refuses, or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any loss or damage that may accrue to TenantLessee’s merchandise, fixtures fixtures, or other property or to TenantLessee’s business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency conditionxxxx therefore. Landlord Lessor shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; , provided, however, where structural repairs are required to be made by reason of the acts of TenantLessee, the costs thereof shall be borne by Tenant Lessee and payable by Tenant Lessee to Landlord Lessor upon demand. Except as otherwise provided herein, the Landlord The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except SaturdaysSaturdays Sundays, Sundays and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.. Notwithstanding the foregoing, snow removal will be required if the total snowfall during any given twenty-four (24) hour period exceeds an accumulated depth of three (3) inches. Notwithstanding the foregoing, in such case that Lessor provides existing HVAC units ("Existing Equipment"), Lessor warrants that such Existing Equipment shall be in good working order and in compliance with current local codes in effect at the time the Demised Premises are delivered to Lessee. SIGNS:

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term terms of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, equipment and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors doors, and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoingTenant, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, dirt and rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant in accordance with Article 33 of this LeaseTenant, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures or other property or to Tenant’s 's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx bill therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall keep xxx foundation, exterior walls (except plate glass or glass or other breakable materials used in structural portions) and roof in good repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)and if necessary or required by proper governmental authority, the structural portions of the Building; providedmake modifications or replacements thereof, however, where structural repairs are except that Landlord shall not be required to be made make any such repairs, modifications or replacements which become necessary or desirable by reason of the acts negligence of Tenant, its agents, servants or employees, or by reason of anyone illegally entering or upon the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demandpremises. Except as otherwise provided herein, the The Landlord shall be responsible for manage all outside maintenance of the Demised Premises, including grounds and parking areas. The costs of said maintenance shall be prorated in accordance with Section 4 of this Lease. All such maintenance which is the responsibility of the provided by Landlord shall be provided as reasonably necessary to for the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays Sundays, and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensionsextension, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s Lessee's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “'repairs” ' shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant failsLessee falls, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any loss or damage that may accrue to Tenant’s Lessees merchandise, fixtures or other property or to Tenant’s Lessee's business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord Lessor shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, provided however where structural repairs are required to be made by reason of the acts of TenantLessee, the costs thereof shall be borne by Tenant Lessee and payable by Tenant Lessee to Landlord Lessor upon demand. Except as otherwise provided herein, the Landlord The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term Term of this Lease, including renewals Lease and any extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations; provided, however, that Tenant is not required to make any alterations or improvements in connection with such compliance except to the extent that such compliance is required because of Tenant’s particular use of the Premises. Tenant’s obligations hereunder shall include but not be limited to without limitation, the maintenance, repair repair, and replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and docks, the replacement of all broken glass, of any fixture/equipment/component of heating, ventilation, air conditioning (HVAC) systems, all lighting systems, plumbing systems and electrical systems. In the event that an HVAC rooftop unit or ceiling hung unit heater requires replacement, the cost of such replacement shall be shared between Landlord and Tenant, Tenant’s share to be based on a ratio of the time of occupancy to the nearest one-half year to the estimated useful life of the unit, unless caused by the misuse or neglect of Tenant, in which case the cost of such replacement shall be the sole responsibility of Tenant. Such estimations are fifteen (15) years for a roof top unit and ten (10) years for a ceiling hung unit heater under normal conditions. When used in this provision, the term “repairs” shall include replacements or renewals when necessaryreplacements, and all such repairs or replacements made by the Tenant shall be of equal in quality and class to the original equipment or work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and iceice (for accumulations of less than or equal to one inch), regardless of any CAM performed by Landlord. Tenant shall maintain a minimum temperature in the Demised Premises of 40 degrees during the Lease Term. Notwithstanding the foregoing, Landlord warrants that the HVAC system currently serving the office portion of the Premises is in good working order, and capable of meeting the temperature specifications set forth on Exhibit E attached hereto and incorporated herein by reference. Landlord shall bear all costs of maintenance and repair (and replacement, if necessary) of such HVAC system during the first twelve (12) months of the term, to the extent necessary to maintain the temperatures on Exhibit E on a consistent basis throughout the Premises. Notwithstanding anything in this Article 8.0 to the contrary, Tenant shall be solely responsible to maintain the HVAC system serving only the lab areas of the Demised Premises without any contribution, reimbursement or cost sharing by Landlord for replacement of said HVAC system. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Tenant, in accordance with Article 33 17.0 of this Lease, Landlord may make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all reasonable costs plus 15% ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency conditionreplacements. Landlord shall maintain, repair, and replace if necessary, at its expense (but subject to inclusion in “Operating Expenses” CAM pursuant to Section 3the provisions in Article 3.0), the structural portions of the Building (including maintenance, repairs and replacements to the roof of the Building; provided), howeverfoundations, where structural the roof and roof membranes, and Common Areas, unless such repairs are required to be made by reason as a result of the acts of Tenant, its employees, agents, assigns or invitees, in which case the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demandLandlord. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so its performance due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant shall, at all times throughout the term of this LeaseLease Term, including any renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenancemaintenance and repair, repair and replacement, if as necessary, of heating heating, ventilation and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass, whether the need for such repairs occurs as a result of Tenant's use, any prior use, the elements, age of the affected portion of the Demised Premises, or other cause. When Tenant shall attend to housekeeping of sidewalks and grounds immediately adjoining exterior entrances to the Demised Premises, on a regular and consistent basis, as necessary to keep such areas free of food wrappers, discarded smoking materials, and other refuse. As used in this provisionherein, the term “"repairs” " shall include replacements restorations or renewals when necessarynecessary to keep the Demised Premises in good order, condition and state of repair, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoingTenant, Tenant shall obtain in keeping and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving maintaining the Demised PremisesPremises in the condition required by this Lease, shall exercise and shall be responsible perform good maintenance practices. Tenant's pre-September 1, 2004 access (if any) for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions construction purposes will include opportunities for physical inspection of the Demised Premises to the extent desired by Tenant. Unless Tenant notifies Landlord otherwise in writing within 30 days after the Commencement Date, the Demised Premises will be deemed to have been, as of the Commencement Date, in the condition in which this Lease requires Tenant to keep and the sidewalk and areas adjoining the same in a clean and orderly conditionmaintain them, free of accumulation of dirt, rubbish, snow and icelatent defects excepted. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after written notice shall have been given Tenant in accordance with Article 33 of this Leaseto do so (but such notice is not required under bona fide emergency circumstances), Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures or other property or to Tenant’s 's business by reason thereof, provided that such work is completed in a commercially reasonable manner; and upon completion thereof, Tenant shall pay to Landlord all costs costs, plus 15% five percent (5%) for overhead overhead, incurred by Landlord in making such repairs repairs, immediately upon presentation to Tenant of bxxx a billing therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense except to the extent (subject to inclusion if any) specifically stated in “Operating Expenses” pursuant to Section 3)paragraph 3.b, the structural portions of the Building, parking areas, and Building systems including, but not limited to, HVAC, electrical, plumbing, exterior lighting, and life safety systems; provided, however, that where structural structural, parking area or Building systems repairs are required to be made by reason of the acts as a result of Tenant's conduct, the costs cost thereof shall be borne by Tenant and payable by Tenant to Landlord upon on demand. Except as otherwise provided hereinLandlord's obligation to repair certain items at its expense does not extend to any alterations, additions or improvements to the Demised Premises made by or for Tenant. Landlord shall be responsible for all outside maintenance of the Demised PremisesProperty, including grounds and grounds, parking areas, and Common Areas; and Landlord shall keep and maintain the sidewalks and other outdoor areas adjoining the Building in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. The cost thereof shall be included in Operating Expenses. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of the Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its control.. Landlord warrants that on the Commencement Date, to the best of Landlord's then knowledge, and excepting any items which Landlord has specifically called to Tenant's attention in writing: (i) the structural portions of the Building and Building mechanical systems will be free from material defects and in proper working order, and (ii) no condition of the Demised Premises will exist which is in noncompliance with or violation of applicable laws and codes, including but not limited to the ADA. Prior to May 1, 2005, Tenant's responsibility for repairs shall in any event be limited to $10,000 plus the cost of repairs, if any, resulting from conduct of Tenant, its agents, employees, invitees and visitors. SIGNS:

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class reasonably good condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. TenantLessee’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures*, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant Lessee shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant Lessee fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have been given Tenant Lessee, in accordance with Article 33 of this Lease, Landlord Lessor may make such repairs without liability to Tenant Lessee for any loss or damage that may accrue to TenantLessee’s merchandise, fixtures or other property or to TenantLessee’s business by reason thereof, and upon completion thereof, Tenant Lessee shall pay to Landlord Lessor all costs plus 15% for overhead incurred by Landlord Lessor in making such repairs upon presentation to Tenant Lessee of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord Lessor shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; provided, however, provided however where structural repairs are required to be made by reason of the acts of TenantLessee, the costs thereof shall be borne by Tenant Lessee and payable by Tenant Lessee to Landlord Lessor upon demand. Except as otherwise provided herein, the Landlord The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord Lessor shall not be liable for damages for failure to do so due to causes beyond its control.. If Lessor fails, refuses or neglects to perform outside maintenance of the Demised Premises as required in this Lease after notice shall have been given to Lessor in accordance with Article 33 of this Lease, Lessee may perform such maintenance without liability to Lessor for any loss or damage that may accrue by reason thereof (excepting gross negligence and willful misconduct of Lessee), and upon completion thereof, Lessor shall pay to Lessee all reasonable costs plus 10% for overhead incurred by Lessee in performing such maintenance upon presentation to Lessor of a bxxx therefor. * The Lessor will be responsible for a semi-annual inspection and servicing of the heating, ventilating and air conditioning (HVAC) components as part of the Operating Expenses for the Building. The Lessee will be responsible for repairs and replacements outside of Lessor’s semi-annual preventative maintenance. Lessor will also service and certify the existing HVAC components are in good working condition as of the Commencement of the Lease. The Lessor will be responsible for any repairs or replacements of any faulty HVAC components through June 30, 1998. SIGNS:

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term Term of this Lease, including renewals Lease and any extensions, and at its sole expenseexpense except to the extent either (i) caused by the negligence of Landlord, its agents, employees or contractors or (ii) otherwise expressly allocated to Landlord hereunder, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to without limitation, the maintenance, repair and repair, replacement, if necessary, necessary of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and docks, the replacement of all broken glass, of any fixture/equipment/component of heating, ventilation, air conditioning (HVAC) systems, all lighting systems, plumbing systems and electrical systems located within the Demised Premises. When used Landlord shall repair and/or replace the HVAC systems as necessary so that they are in this provision, proper working order on the term “repairs” Commencement Date. Landlord shall include replacements or renewals when necessary, and all such repairs made by warrant the Tenant shall be equal in quality and class to the original work. Without limiting the generality condition of the foregoinggeneric HVAC systems serving the Building generally for one (1) year after the Commencement Date. Thereafter, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed an HVAC contractor, on terms reasonably contractor acceptable to Landlord, Landlord in its reasonable discretion for the regular maintenance of all HVAC Equipment within or heating, ventilating and air conditioning equipment exclusively serving the Demised PremisesPremises (collectively, the “HVAC Equipment” and shall be responsible for the performance of cause all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all regularly scheduled maintenance under such contract to be performed. In the event that an HVAC rooftop unit or ceiling hung unit heater of a generic type which serves the building generally (as opposed to HVAC components which have been installed in connection with the specific needs of the Tenant’s business operations) requires replacement or extraordinary repair, the cost of such replacement or extraordinary repair shall be shared between Landlord and Tenant, Tenant’s share to be based on the ratio of the number of months remaining in the then current term of the Lease to the estimated useful life of the replacement unit or extraordinary repair, as the case may be, unless caused by the misuse or neglect of Tenant. The useful life of any replacement of the HVAC Equipment will be deemed to be fifteen (15) years for a roof top unit and ten (10) years for a ceiling hung unit heater. If Tenant exercises a renewal option, Tenant shall provide copies thereof pay to Landlord from time on the first (1st) day of such extension or renewal term an additional portion of the cost of such extraordinary repair or replacement of the HVAC Equipment based upon a fraction, the numerator of which is the number of calendar months in such extension or renewal term, and the denominator of which the number of calendar months in the full useful life of such extraordinary repair or replacement of the HVAC Equipment, as determined above. With the exception of HVAC Equipment, when used in this provision, the term “repairs” shall include replacements, and all such repairs or replacements made by the Tenant shall be of equal quality to time upon request by Landlordthe original equipment or work. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, regardless of any CAM performed by Landlord. Tenant shall maintain a minimum temperature in the Demised Premises of 40 degrees during the Lease Term. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, and such failure continues for a period of thirty (30) days after written notice shall have been given Tenant (provided, however, that in the event of a bona fide emergency, Landlord shall only be required to provide such notice as is practicable under the circumstances), in accordance with Article 33 17.0 of this Lease, Landlord may make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to accrue’to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 1510% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency conditionreplacements. Landlord shall perform any such work in a manner intended to minimize any interference with the conduct of Tenant’s business. Landlord shall maintain and repair, at its expense and not reimbursable as CAM, (subject to inclusion in “Operating Expenses” pursuant to Section 3), i) the structural portions of the Building; provided, however(ii) all utility lines serving the Demised Premises and located outside of the Demised Premises, where structural and (iii) the exterior walls of the Building, unless such repairs are required to be made by reason as a result of the negligence or otherwise wrongful acts of Tenant, its employs, agents, assigns, invitees or contractors in which event the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demandLandlord. Except as otherwise provided herein, the The Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas, and including the prompt removal of any accumulated snow and ice in the Common Areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the . Landlord shall be obligated to exert all reasonable efforts to perform its obligations under this Lease, but not be liable for damages for failure to do so arising from its performance or non-performance of repairs or maintenance arising due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 1. Tenant shall, at all times throughout the term Term of this Lease, including renewals Lease and any extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, and sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to without limitation, the maintenance, repair and repair, replacement, if necessary, necessary of heating and air conditioning fixtures, equipment, and systems (the “HVAC Equipment”), all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors and loading docks and dock equipment and docks, the replacement of all broken glass, of any fixture/equipment/component of heating, ventilation, air conditioning (HVAC) systems, all lighting systems, plumbing systems and electrical systems exclusively serving the Demised Premises. In the event that an HVAC rooftop unit or ceiling hung unit heater requires replacement, the cost of such replacement shall be shared between Landlord and Tenant, Tenant’s share to be based on a ratio of the time remaining in the Term as compared to the estimated useful life of the replacement unit, unless caused by the misuse or neglect of Tenant, in which case Tenant shall contribute within ten (10) days following Landlord’s written demand an amount determined based upon the remaining useful life of the replaced unit at the time of such damage. Provided the damage was not caused by the misuse or neglect of Tenant. Tenant’s share shall be paid as Additional Rent on a monthly basis over the remainder of the Term. Landlord will not pass on Landlord’s share in Additional Rent. Such estimations are fifteen (15) years for a roof top unit and ten (10) years for a ceiling hung unit heater under normal conditions. When used in this provision, the term “"repairs” " shall include replacements or renewals when necessaryreplacements, and all such repairs or replacements made by the Tenant shall be of equal in quality and class to or condition that existed at the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by LandlordCommencement Date. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, regardless of any CAM performed by Landlord. Tenant shall maintain a minimum temperature in the Demised Premises of 40 degrees Fahrenheit during the Lease Term. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have has been given Tenant Tenant, in accordance with Article 33 17.0 of this Lease, Landlord may make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, except to the extent caused by Landlord’s, or its agents’, employees’, or contractors’ gross negligence or willful misconduct, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% ten percent (10%) for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency conditionreplacements. Landlord shall repair, at its expense (but subject to inclusion in “Operating Expenses” CAM pursuant to Section 3the provisions in Article 3.0), the structural portions of the Building; provided, however, where structural unless such repairs are required to be made by reason as a result of the acts of Tenant, its employs, agents, assigns or invitees, in which case the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demandLandlord. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so its performance due to causes beyond its control.

CARE AND REPAIR OF DEMISED PREMISES. 16. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary , and first class condition and in compliance with all applicable laws, codes, ordinances, rules rules, and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of heating and heating, air conditioning fixtures, equipment, and systems (the “HVAC Equipment”)systems, all lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances to the Demised Premisesentrances, windows, doors doors, and loading docks and dock equipment and the replacement of all broken glass. When used in under this provision, the term “"repairs” " shall include replacements or renewals and overhauling equipment when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Without limiting the generality of the foregoing, Tenant shall obtain and maintain at all times during the term of this Lease a maintenance contract with a responsible, licensed HVAC contractor, on terms reasonably acceptable to Landlord, for the regular maintenance of all HVAC Equipment within or exclusively serving the Demised Premises, and shall be responsible for the performance of all maintenance to be performed thereunder. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow snow, and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, Lease after notice shall have has been given Tenant Tenant, in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures fixtures, or other property or to Tenant’s its business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to the Tenant of bxxx xxxx therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense (subject to inclusion in “Operating Expenses” pursuant to Section 3)expense, the structural portions of the Building; , provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the The Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, except Saturdays, Sundays Sundays, and holidays, upon the condition that the Landlord shall not be liable for damages for failure to do so due to causes beyond its reasonable control.. SIGNS: