Common use of CHARACTER OF OCCUPANCY Clause in Contracts

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

CHARACTER OF OCCUPANCY. 10.1 (a) The Premises are to be used only for those purposes set forth in subparagraph F of Paragraph 1 hereof and any other incidental use which is legally permitted and is not inconsistent with the character and type of tenancy found in first-class office buildings in the Detroit, Michigan Metropolitan Area. The parties hereto agree that Tenant shall be entitled have the right to occupy install a drive-up window and ATM machine (or in a kiosk in the parking lot) at the Premises for so long as Landlord can obtain all required municipal approvals therefor, which Landlord shall undertake to obtain as part of the Permitted Use overall approval process. The design and for no other purposelocation of any kiosk shall be subject to the reasonable approval of Landlord. Tenant shall maintain and repair, at Tenant's sole expense, any such kiosk. Tenant shall also, at Tenant's expense, remove the kiosk at the expiration of the lease term and shall pay on demand for repair any damage to the Premises parking lot caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon such removal. The parties hereto further agree that the Premises under express may only be occupied by the maximum number of persons stipulated in subparagraph G of Paragraph 1 hereof and in the event of any violation of such provision, Tenant agrees, upon notice from Landlord, to reduce the number of persons occupying the Premises to the maximum number set forth therein. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or implied invitation of Tenant permit anything to be brought into or kept therein, which would in any way (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements i) make void or voidable any fire or liability insurance policy then in force with respect to the occupation Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or alteration liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the Building or any part thereof; (iv) constitute a public or private nuisance; (v) impair, provided in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants; (vii) impair or interfere with any of the Building services or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building, any such impairment or interference to be in the reasonable judgment of Landlord; (viii) increase on an ongoing periodic basis the pedestrian traffic in and out of the Premises or the Building above an ordinary level; (ix) constitute waste; or (x) make any noise or set up any vibration which will disturb other tenants, except in the course of permitted repairs or alterations. (c) Tenant shall not use the Premises nor permit anything to be responsible for structural repairs done in or alterations except to about the extent set forth Premises which will in Section 6.1(5)(l) aboveany way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not commit give prompt notice to Landlord of any notice it receives of the violation of any law or permit waste or requirement of any nuisance on or in public authority with respect to the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements Premises or the like requiring (i) structural repairs use or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship occupation thereof. Landlord shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.give prompt

CHARACTER OF OCCUPANCY. 10.1 Tenant shall The Premises are to be entitled to occupy the Premises used for the Permitted Use general offices of a financial institution with a depository operation (including by way of example and not by way of limitation, legal offices and all accounting, billing and administrative tasks associated therein) and for no other purposepurpose without the prior written consent of Landlord, and which consent will not be unreasonably withheld. Further, Tenant shall pay on demand not use or permit the Premises to be used for any damage ultra hazardous purpose which will increase the existing rate of insurance upon the Building or the Building Complex, pursuant to insurance regulations of the Premises caused by misuse Colorado State Insurance Commissioner, or abuse by Tenantresult in a cancellation of any insurance policy covering the building, Tenant’s agents or employeesthe Building Complex, or any other person entering part thereof, pursuant to generally accepted insurance industry underwriting procedures; provided, however, that if such use is necessary to Tenant's business, Tenant may use the Premises for such ultra hazardous purpose if Tenant makes arrangements for alternative insurance upon the Premises Building and/or the Building Complex equivalent to Landlord's existing insurance and Tenant pays all insurance premiums in excess of those which would have been due by Landlord under express or implied invitation of Tenant (collectively, “Tenant’s Agents”)Landlord's equivalent alternative insurance. Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not use any apparatus, machinery or device in or about the Premises which shall make any noise or set up any vibration, with the exception of security systems, mailing equipment, standard depository institution equipment and computers, which will materially disturb other tenants. Other than standard office and financial institution equipment (including computer equipment), Tenant shall not in any way increase the amount of electricity, gas or water agreed to be responsible for structural repairs furnished or alterations except supplied under this Lease; and Tenant further agrees not to the extent set forth in Section 6.1(5)(l) aboveconnect with electrical wires or water pipes any other apparatus, machinery or device without prior consent of Landlord which consent shall not be unreasonably withheld. Tenant shall not commit waste nor suffer or permit waste or to be committed nor permit any nuisance on in or in about the Premises. Notwithstanding Tenant and employees and all persons visiting or doing business with the foregoing Tenant in the Leased Premises shall be bound by and shall observe the Rules and Regulations attached to this Lease as Exhibit "C". Landlord may propose and submit to Tenant for Tenant's approval such further and other reasonable written rules and regulations relating to the Building Complex or any other provision the Leased Premises which Landlord shall deem appropriate. Such proposed rules and regulations shall become effective upon approval by Tenant, which approval shall not be unreasonably withheld for a period in excess of thirty (30) days of receiving written notice from Landlord of such proposed rules or regulations, giving Landlord a written explanation of the basis for Tenant's disapproval. Any such additional rules and regulations shall, upon approval by Tenant, be deemed to be incorporated and formed into this Lease. Any uncured default in the performance or observance of the rules and regulations shall be in default hereunder and Landlord shall have all remedies provided for in this Lease in the event of default by Tenant. Landlord, however, Tenant shall not be responsible to Tenant for non-observance by any other tenant or person of any such rules and regulations; provided, however, that Landlord has and continues to make reasonable efforts to obtain compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are rules and regulations by all other tenants. Tenant shall not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed or permit anything to office and call center use generally)be done in or about the Premises which will, in any way, conflict with any law, statute, ordinance or (c) governmental rule or regulation now in force or which may hereafter be due to the negligence enacted or willful misconduct of Tenant or any agent, employee, or contractor of Tenantpromulgated. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled covenants and agrees to occupy the Premises as general offices and uses ancillary and related to, and consistent with, the use of the Premises as general offices, including, without limitation, the use of portions of the Premises for storage, for computer server storage and for standard office employee amenities (the "Permitted Use Use"), and for no other purpose, and shall to use them in a careful, safe, and proper manner; to pay on demand for any damage to the Premises caused by misuse or abuse thereof by Tenant, Tenant’s 's agents or employees, or of any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s 's expense, shall comply with all laws, codes, rules, and regulations of the United States, the State of Colorado, and of the County of Broomfield ("Applicable Legal Requirements Laws"), now in effect, or which may hereafter be in effect, which shall impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit waste or suffer or permit waste to be committed or permit any commercial unreasonable nuisance on or in the Premises. Notwithstanding the foregoing Tenant agrees that (other than cleaning supplies, copier toner or any other provision similar type products commonly found in commercial office space, provided such items are properly labeled, stored and disposed of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal RequirementsLaws) it will not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance which may be prohibited by any insurance policy in force from time to time covering the Building nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building any substance which may be deemed a Hazardous Substance (as hereinafter defined) (it being agreed that Tenant shall be permitted to install equipment permitted by Environmental Laws (as hereinafter defined) as "articles" thereunder). Landlord agrees that, notwithstanding the provisions of Section 6, Tenant shall have the right of access to the Premises twenty-four (24) hours a day, on all days of the calendar year, without the requirement of notice to Landlord for access on times other than Ordinary Business Hours or on Public Holidays.

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall pay on demand for any damage and, subject to the Premises caused by misuse or abuse by Tenantterms and conditions of this Lease, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”) shall use the Premises for only the “Permitted Use”. The term “Permitted Use” shall be for general office and administrative purposes and any other lawful purpose which is suitable to office buildings in Denver, Colorado and its outlying suburban areas including (a) operations comprising and incidental to data center, network operations center, co-location data center, and electronics lab, (b) professional training, (c) conferencing, (d) commercial cooking and food service, (e) light assembly and systems integration and software services, (f) call center, (g) SCIF installation and use, and (h) health club and fitness operations; provided, however, the Permitted Use shall at all times be subject to Applicable Laws and any Declarations (as defined below). Tenant, at Tenant’s expense, shall comply with all applicable federal, state, city, quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect (“Applicable Legal Requirements Laws”) and any insurance policy covering the Building Complex which impose any duty upon Tenant with respect to the occupation or alteration of the Premises; provided, provided however, that Tenant shall not be responsible for structural repairs or alterations except required to make any changes to the extent set forth Premises or changes in Section 6.1(5)(lthe Building Systems unless arising from Tenant’s specific use of the Premises (as distinguished from office use generally) aboveor from Tenant’s Alterations (as defined below) or in connection with making reasonable accommodation for a specific 19506884v9 16 employee or employees of Tenant or Tenant’s Agents. Tenant covenants and agrees that nothing shall be done or kept on the Premises in violation of any Applicable Laws and that the Premises shall be used, kept and maintained in compliance with any Applicable Laws, any Declarations and with the certificate of occupancy issued for the Building and the Premises. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the foregoing Premises any article or substance prohibited by any other provision insurance policy covering the Building Complex if and to the extent such policy has been delivered to Tenant, does not contain any obligations in excess of what is required by Applicable Laws or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes of on, in or from the Premises or the Building Complex any Hazardous Material or substance which may be deemed an infectious waste under any Applicable Laws, Section 27.24.1 shall govern the same. For purposes of this Lease, however“Declarations” means and refers to the easements and declarations listed on the attached Exhibit B-1, as they be amended in accordance with their terms. Notwithstanding anything contained in this Lease to the contrary, Landlord hereby agrees that Tenant may store, install and use on the Real Property, without violating the terms and provisions of this Lease, battery back-up systems and any oil, fuel or similar materials used in connection with any Generator or other Special Equipment, or any other materials that may be reasonably necessary for Tenant’s operation at the Building for the Permitted Use, all of which shall not be responsible for stored and used in compliance with all Applicable Laws and any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications insurance policies applicable to the utility or building service equipment except Building Complex if and to the extent such policy has been delivered to Tenant, does not contain any obligations in excess of what is required by Applicable Laws or is consistent with the same are due requirements customary in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, Landlord hereby represents and warrants that, to the best of Landlord’s knowledge, that the Permitted Use will not violate the terms of this Section; provided, however, this representation and warranty will not apply to Tenant’s negligence or willful misconduct (electronics laboratory which is a Permitted Use herein but the costs of such repairs or modifications to the utility or building service equipment which are Landlord does not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, specifically represent and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenantwarrant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) aboveabove or required as a result of the negligence or willful misconduct of Tenant, its contractors, agents, employees and/or invitees. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not not, except pursuant to Section 6.1(5)(l) above or as a result of the negligence or willful misconduct of Tenant, its contractors, agents, employees and/or invitees, be responsible for compliance with any Applicable Legal Requirements Requirements, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

CHARACTER OF OCCUPANCY. 10.1 (a) The Premises are to be used only for those purposes set forth in subparagraph F of Paragraph 1 hereof and any other incidental use which is legally permitted and is not inconsistent with the character and type of tenancy found in first-class office buildings in the Detroit, Michigan Metropolitan Area. The parties hereto agree that Tenant shall be entitled have the right to occupy install a drive-up window and ATM machine (or in a kiosk in the parking lot) at the Premises for so long as Landlord can obtain all required municipal approvals therefore which Landlord shall undertake to obtain as part of the Permitted Use overall approval process. The design and for no other purposelocation of any kiosk shall be subject to the reasonable approval of Landlord. Tenant shall maintain and repair, at Tenant's sole expense, any such kiosk. Tenant shall also, at Tenant's expense, remove the kiosk at the expiration of the lease term and shall pay on demand for repair any damage to the Premises parking lot caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon such removal. The parties hereto. further agree that the Premises under express may only be occupied by the maximum number of persons stipulated in subparagraph G of Paragraph 1 hereof and in the event of any violation of such provision, Tenant agrees, upon notice from Landlord, to reduce the number of persons occupying the Premises to the maximum number set forth therein. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or implied invitation of Tenant permit anything to be brought into or kept therein, which would in any way (collectively, “Tenant’s Agents”)i) make void or voidable any fire or liability. Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements insurance policy then in force with respect to the occupation Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or alteration liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the Building or any part thereof (iv) constitute a public or private nuisance; (v) impair, provided in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants; (vii) impair or interfere with any of the Building services or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building, any such impairment or interference to be in the reasonable judgment of Landlord; (viii) increase on an ongoing periodic basis the pedestrian traffic in and out of the Premises or the Building above an ordinary level; (ix) constitute waste; or (x) make any noise or set up any vibration which will disturb other tenants, except in the course of permitted repairs or alterations. (c) Tenant shall not use the Premises nor permit anything to be responsible for structural repairs done in or alterations except to about the extent set forth Premises which will in Section 6.1(5)(l) aboveany way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not commit give prompt notice to Landlord of any notice it receives of the violation of any law or permit waste or requirement of any nuisance on or in public authority with respect to the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements Premises or the like requiring (i) structural repairs use or modifications or (ii) repairs or modifications occupation thereof. Landlord shall give prompt notice to Tenant of any notice it receives relative to the utility violation by Tenant of any law or building service equipment except requirement of any public authority with respect to the extent Premises or the same are due to Tenant’s negligence use or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenantoccupation thereof. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy the Premises used only for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent those purposes set forth in Section 6.1(5)(l) abovesubparagraph F of Paragraph 1 hereof and no other use. Tenant shall not commit or permit waste or any nuisance on or in Except for the Premises. Notwithstanding Special Use Approval, which Landlord has obtained and paid the foregoing or any other provision of this Leaseexpenses relating thereto, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own sole cost and expense, obtain all governmental licenses and permits required to allow Tenant to conduct Tenant’s Use. The parties acknowledge that a special use permit for the Premises was adopted by the City of Xxxx pursuant to Resolution PC-2009-06-051 (the “Special Use Approval”). Tenant agrees to comply with all applicable laws in connection with its use of the Premises including, without limitation, the foregoing Special Use Approval. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or permit anything to be brought into or kept therein, which would in any way (i) make void or voidable any fire or liability insurance policy then in force with respect to the Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or liability, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord’s reasonable opinion be likely to cause physical damage to the removal Building or any part thereof; (iv) constitute a public or private nuisance; (v) impair, in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them; (vii) impair or interfere with any of the Building services; or (viii) constitute waste. (c) Tenant shall not use the Premises nor permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter enacted or promulgated. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Landlord shall give prompt notice to Tenant of any notice it receives relative to the violation by Tenant of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Further, Tenant shall not use the Premises or permit anything to be done on or about the Premises which will in any way conflict with or violate any private covenant, condition, or restriction recorded against the Building Complex, including, without limitation, the documents and disposal instruments creating and governing the condominium for the Building Complex, if applicable. (d) If the Landlord’s work in connection with making the Premises Ready for Occupancy shall not be in compliance with applicable law for a period of ten (10) days after either Tenant has notified Landlord of such circumstances or Landlord otherwise is made aware of the circumstances, or such additional time as may be required due to acts of Tenant’s refuse Parties or acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord’s reasonable control, then (i) Landlord shall, within ten (10) days of its receipt of such notice of non-compliance, either make such repair or, if the repair cannot reasonably be completed within such ten-day period, promptly commence the repair within such period and garbage. Disposal thereafter diligently pursue same to completion, and (ii) if Tenant is unable to and does not use the Premises in its entirety as a result of all refuse and garbage such violation, Base Rent hereunder shall thereafter be accomplished in accordance with all Applicable Legal Requirementsabated until such time as such violation has been corrected or Tenant begins using the Premises again, whichever shall first occur.

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall use it in a careful, safe, and proper manner and pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s 's agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “"Tenant’s 's Agents”"). The term "Permitted Use" shall mean: general office use for administrative, clerical, and professional office purposes and the operation of internet and telecommunications services and Collocation Services (as defined in Section 14.7) (collectively, the "Primary Use") and for activities ancillary thereto (the "Ancillary Uses") provided that Ancillary Uses shall not be the primary use of the Premises, are permitted by Applicable Laws (as hereinafter defined), and are expressly approved by Landlord, which approval shall not be unreasonably withheld if such uses are consistent with first class suburban general office building uses and so long as in keeping with Building's first-class quality and allowed under PDC zoning applicable to the Building. Tenant shall be responsible for obtaining any approvals or permits required for the Ancillary Uses under Applicable Laws and the Declaration. Tenant, at Tenant’s 's expense, shall comply with all applicable federal, state, city, quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Legal Requirements Laws") which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the foregoing Premises any article or substance prohibited by any other provision insurance policy covering the Building Complex nor shall Tenant keep, store, produce or dispose of this Leaseon, howeverin or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, Tenant shall except customary office and cleaning supplies or supplies customarily associated with the Primary Use of the Premises that are disclosed to Landlord and are stored and used in accordance with Applicable Laws and applicable industry standards. Landlord is responsible for complying with Applicable Laws relating to the Building (excluding the Premises) and its Common Areas, including Title III of the Americans with Disabilities Act of 1990 (the "ADA") and the costs of such compliance with existing Applicable Laws as of the date hereof will be paid by Landlord and will not be charged back to Tenant. The method and timing of compliance will be within Landlord's discretion. Tenant is responsible for compliance with all existing and any new Applicable Legal Requirements or Laws, including ADA, within the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are Premises. Landlord will include Landlord's future compliance costs due to Tenant’s negligence changes in or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute new Applicable Laws as an Operating Expense as set forth in Section 11.1 below)accordance with Exhibit C. To the extent that Tenant is responsible for compliance with Applicable Laws, Tenant shall have the right to contest by appropriate proceedings diligently conducted in good faith, in the name of Tenant or, with the prior written consent of Landlord, in the name of Landlord, or (iii) installation both, the validity or application of new building service equipment, such as fire detection any Applicable Laws of any nature affecting Tenant or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of its use of the Premises (as opposed to office and call center use generally)Premises. If compliance with any of such Applicable Laws legally may be delayed pending the prosecution of any proceeding, without incurring any lien, charge or liability of any kind against the Building and/or the Premises, or (c) be due to against Landlord's interest in the negligence Building and/or the Premises or willful misconduct sale of the Building and/or the Premises, and without subjecting Tenant or Landlord to any agentliability, employeecivil or criminal, interest or contractor penalty for failure to comply, Tenant may delay compliance until the final determination of Tenantthe proceeding. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.