Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“CAM Expenses”) are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Lease.

Common Area Maintenance. Subject Tenant agrees to Articles Eleven pay, within thirty (30) days after Landlord's written demand therefor, as additional rent, an amount equal to Tenant's Proportionate Share of "Landlord's Cost" of maintenance, repair and Twelvereplacement of the Building, the Real Property and the landscaped, parking and all other common areas thereof, both within the interior and the exterior of the Building. Upon written request of Tenant, Landlord shall maintain provide reasonable back-up documentation evidencing the Common Areas charges set forth in good orderany such written demand or invoice with respect to Landlord's Cost. The term "Landlord's Cost", conditionas used herein, and repair. Common Area Maintenance expenses (“CAM Expenses”) are all costs and expenses associated with shall be deemed to include, without limiting the operation and maintenance generality of the Common Areas foregoing, gardening, landscaping, irrigation, planting, replanting and the repair replacement of flowers, shrubbery, trees and maintenance of the heatinggrass, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant)striping, including, but not limited towithout limitation, the following: gardening cost of electricity and landscaping; maintenance and replacement of fixtures and bulbs, with respect to the parking areas, repair of paving, curbs and walkways, repair and cleaning of drainage facilities, trash, rubbish and garbage removal, snow and ice removal; utility, watersprinkler fireline systems and sprinkler supervisory service, sewage exterior lighting, maintenance repair and property drainage services for replacement of the Common Area; maintenance sanitary system (subject to the provisions of signs (Xxxxxxxxx 00 xxxxx), xxxxxxxxxxx, repair and replacement ofthe roofthat is located over the common area of the Building, rental of machinery and equipment, cost of personnel to implement all of the foregoing, security and security guard service, and other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used similar costs of the type incurred in the operation or maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property comparable properties plus Landlord's management fee not to exceed five percent of four (54%) percent of building revenuesLandlord's Cost. The parties acknowledge and agree that (i) Landlord may cause any or all does not, and will not be required to, provide concierge services at the Building, and (ii) the usage of such services to irrigation systems serving the Real Property shall be provided measured by third parties and two (2) existing meters for purposes of determining the cost of such services shall irrigation to be included in CAM ExpensesLandlord's Cost. With respect In an effort to any CAM Expenses which are included control Landlord's Cost, Landlord agrees that, for the benefit of the Property and other property. first Lease Year, Landlord shall make a either (y) use Tenant's current vendors for services at the Real Property, or (z) in the event Tenant's current vendors are not performing the required services to Landlord's reasonable allocation of such cost between the Property satisfaction, utilize vendors with pricing structures and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement service levels reasonably comparable to the Common Areas or pricing structures ofTenant's current vendors. From and after the heatingsecond Lease Year, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost Landlord agrees to use vendors whose rates are reasonably competitive with those of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Leaseother vendors offering similar services for comparable buildings. 48.

Common Area Maintenance. Subject COMMON AREA MAINTENANCE. As used in this Lease, the term common area costs means the total of all items of expense reasonably and directly relating to Articles Eleven operating, managing, equipping, policing and Twelveprotecting (if provided), Landlord lighting, insuring, repairing (excluding, however, correction of original construction defects or any items under warranty or any repairs reimbursable by LANDLORD’S insurance required hereunder or any repair or other work necessitated by condemnation, fire, or other casualty), replacing (excluding, however, any costs for items that are capitalized under generally accepted accounting principles) and maintaining the common areas. Such costs shall maintain the Common Areas in good orderinclude, conditionbut shall not be limited to, and repair. Common Area Maintenance all expenses (“CAM Expenses”) are of removing snow, ice, dirt ad debris; all costs of and expenses associated replacing flowers and landscaping and all supplies required therefore; and all costs of utilities used in connection with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant)common areas, including, but not limited to, the following: gardening all costs of operating and landscaping; snow removal; utilitymaintaining lighting facilities, waterstorm drainage systems, sewage all costs for boiler and property drainage services electrical apparatus insurance, all costs of a supervised fire sprinkler alarm system, premiums for the Common Area; maintenance of signs (other than tenants’ signs); workerworkmen’s compensation insurance; personal property , wages, unemployment taxes; rentals or lease payments , and social security taxes and administrative costs. As provided in Lease Subsection 1.19 (Article I), effective upon the date on which this LEASE commences and as additional rent hereunder, TENANT shall pay the LANDLORD on the first day of each calendar month during the LEASE TERM TENANT’S share of common area costs. Within ninety (90) days following the end of the first Lease Year, Landlord shall furnish to TENANT a statement (“STATEMENT”) certified as correct by an officer of LANDLORD, showing the total common area costs actually incurred for the first Lease Year and the amount of common area costs paid by Landlord TENANT to date. If TENANT’S share of the total actual common area costs for rented or leased personal property used such Lease Year, calculated as the ratio of TENANT’S square footage to the total leasable square footage of the Shopping Center times such cost, shall be less than TENANT’S payments so made, the overpayment shall be refunded to TENANT. If each succeeding Lease Year, TENANT shall pay to LANDLORD monthly, as aforesaid, a common area cost equal to one-twelfth (1/12) of the common area cost actually paid by TENANT in the operation or maintenance prior Lease Year. At the end of each succeeding Lease Year LANDLORD shall provide TENANT with a statement of the Common Areas; fees for required licenses total actual common area costs incurred and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all the amount of such services costs paid by TENANT to be provided by third parties and date. If the cost amount of such services costs paid by TENANT to date for that Lease Year is greater than TENANT’S pro rata share of common area costs calculated as above, LANDLORD shall be included in CAM Expensesrefund the difference with the statement. With respect to any CAM Expenses which are included for the benefit If Tenant’s pro-rata share of the Property and other propertytotal actual common area costs incurred exceeds the amount paid by TENANT to date for that Lease Year, TENANT shall pay to LANDLORD the difference. Landlord shall make a reasonable allocation of such cost between Notwithstanding anything herein to the Property and such other property. CAM Expenses contrary, common area costs shall not include the cost of capital repairs costs for improving any TENANT’S space, costs exceeding those obtainable through competitive bidding, services or benefits provided to other TENANTS but not to TENANT, and replacements; providedany costs, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) fines or penalties imposed due to LANDLORD’S violation of any such capital repair governmental rule or replacement to the Common Areas or the heatingregulation. TENANT SHALL HAVE THE RIGHT TO AUDIT ALL COMMON AREA COSTS AND EXPENSES ANNUALLY, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this LeaseAT TENANT’S COST AND EXPENSE.

Common Area Maintenance. Subject In addition to Articles Eleven the Base Rent above provided, and Twelveas Additional Rent, Landlord Tenant shall maintain pay its Proportionate Share of the cost of operation and maintenance (herein collectively “CAM Costs”) of the Common Areas in good order, condition, and repairArea (hereafter defined). Common Area Maintenance expenses is defined for all purposes of this Lease as the Center except for the Improvements and shall specifically include among other facilities (“as such may be applicable to the Center) parking area, private streets and alleys, landscaping, curbs, loading area, sidewalks, exterior lighting facilities and Center signs; provided, however, for the sole purpose of determining CAM Expenses”) are Costs, the exterior surfaces of the improvements shall be considered Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area provided that such changes shall not adversely affect access to the Leased Premises. Landlord’s CAM Costs shall mean the costs and expense of operating, maintaining and managing the Common Area in a manner deemed by Landlord to be reasonable and appropriate and for the best interests of the Center including, without limitation, all costs and expenses, if any, of operating, maintaining or repairing the parking lot (including but not limited to sweeping, stripping and patching), snow removal, landscape mowing, replanting and replacing flowers, shrubbery and planters, watering landscape areas, stormwater charges, fire protection, security service for the Center, if any is provided, maintenance, repair and electric expenses associated of the Center sign (tenants are responsible for their individual panels), operating, maintaining or repairing parking lot lighting, replacing parking lot light bulbs, electric expense for parking lot lighting and other Common Area lighting and exterior building painting. CAM Costs shall not include the following expenditures: (1) leasing commissions, attorneys’ fees and other expenses related to leasing tenant space, disputes or enforcement of any leases, and constructing improvements for the sole benefit of an individual tenant; (2) repairs, replacements and general maintenance paid by insurance proceeds to the extent for which Landlord has collected insurance benefits; (3) depreciation of the Center and other “non-cash” items; (4) principal and interest payments and points and fees on any indebtedness (including any ground or underlying leases) secured by liens against the Center, or costs of refinancing such indebtedness; (5) expenses incurred in leasing or procuring new tenants, including advertising and marketing expenses and expenses for preparation of leases, space planning or renovating space for new tenants, rent allowances, lease takeover costs, payment of moving costs and similar costs and expenses; (6) expenses for repairs or maintenance related to the Center which have been reimbursed to Landlord pursuant to warranties or service contracts; (7) costs of any work or service performed for or provided to any tenant (including Tenant) at such tenant’s costs; (8) costs of work for improvements to a vacant space which is or normally would be occupied by tenants; (9) any portion of Capital Improvements in excess of $25,000/year (so, Tenant may be billed 11.11% of Capital Improvement costs of up to $25,000/year ); (10) Landlord’s general corporate overhead and general and administrative expenses except as it relates specifically to the actual management of the Center; (11) costs incurred to contain, axxxx, remove or otherwise clean up the Center required as a result of the presence of hazardous materials in, about or below the Center to the extent caused by Landlord or another tenant; (12) reserves for repairs, maintenance and replacements; (13) any costs, fines or penalties incurred to comply, or for any violation or the failure to comply, with any governmental regulations and rules or any court order, decree or judgment including, without limitation, the Americans with Disabilities Act; and (14) attorneys’ fees, accounting fees and expenditures incurred in connection with disputes and claims of other tenants or occupants of the Center. Tenant’s Proportionate Share of the cost of operation and maintenance of the Common Areas Area shall be determined, estimated and the repair paid and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used “trued up” in the operation or same manner as Tenant’s share of taxes and insurance. The first year’s estimate of Tenant’s share of taxes, insurance and common area maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Leaseis $1,720.00 per month.

Common Area Maintenance. Subject to Articles Eleven CAM: a) cleaning of streets and TwelveCondominium common areas such as bus stops, Landlord shall maintain the Common Areas in good order, condition, sidewalks and repair. Common Area Maintenance expenses (“CAM Expenses”common parking areas; b) are all costs and expenses associated with the operation and maintenance of common gardens and green common areas (includes water fees only for these areas); c) Maintenance of original building's landscaping and green areas (any modifications or special requirements must be paid by the Common Areas and the repair and Tenant); d) access to wastewater treatment plant usage as per Wastewater Treatment Plant Usage Regulations (Exhibit Five); e) maintenance of sewer, potable and storm water pipes; f) general maintenance of infrastructure (sewer system, fiber optics and potable water system); h) Coordination service for exclusive bus transportation for the heatingemployees of the park. The Condominium fee does not include the following services: i) Any costs of utilities or any other installations or services for the Premises utilities, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to not included in the extent not performed by Tenant)additional monthly service fee as per Exhibit Six, including, but not limited towithout limitation, the following: gardening electricity, telecommunications and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments which shall be paid by Tenant in accordance with applicable fees, and usage shall be determined by the meters specifically installed for such purpose by the carriers of these services, or installed by Landlord, if necessary. Tenant acknowledges that third parties provide utilities and telecommunication services; as a result Landlord is not liable for rented any consequences on Tenant's operations or leased personal property used activities due to any interruption in such services. ii) Condominium fee does not include any cost of repair or replacement of any of the items or systems listed above when damage is derived or caused by Tenant, its employees, subcontractors or third parties hired by Tenant and Tenant will be responsible for all such related costs of repair and/or replacement of any damaged items or systems. iii) Water consumption for Premises green areas is not included in Condominium Fee, Tenant shall be responsible for cost of its own water consumption including Premises irrigation system. iv) Electronic Access ID cards for its employees. The original cost for each ID card is estimated at eight (8.00) dollars, legal tender of the United States of America, per card. All repositions of electronic access ID cards will be charged at twenty (20.00) dollars, legal tender of the United States of America, per card. -8- Garbage collection fee is not included in the operation or maintenance of Condominium fee; as a result garbage collection service has been established at the Common Areas; fees following monthly rate: US$30,00 for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed each five percent (5%) of cubic meter garbage container rent and US$30,00 for each garbage collection per container. Since Tenant premises are located on a Multitenant Building, all building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services users share garbage collection, as a result Tenant shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make pay a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation prorated sum (based on premises area) of such amount on a monthly basis to Landlord on the useful life same day of the item under generally accepted accounting principles) of any such capital repair or replacement rent payment. Condominium Owners General Assembly establishes garbage collection fee based on external contractors, as a result fees are subject to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, change at least once a year. All payments derived from this Lease Agreement shall be included made on the first five (5) days of the month, and in the CAM Expenses each year during the Lease Term; and (b) the cost their full-stipulated amount, without any deductions. If a value added, sales tax, service tax, or any new tax where to be applied to any of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year such payments during the term of this LeaseLease Agreement or applicable extensions, Tenant shall be obligated to increase the amount paid in order to cover such taxes, so Landlord will continue to receive its current rent net of value added taxes or any other similar government mandated charge. All payments shall be made in cash, check from a bank of the Costa Rican national banking system, or electronic transfer to the Landlord's account. The validity of any form of payment different than cash remains subject to its approval and final credit in favor of Landlord. In case of wire transfers, the Tenant shall notify in writing to the Landlord, the date in which the transfer was executed, and such payment shall be deemed made on the date on which the transfer is credited by the Landlord's bank. The wire transfer information is attached hereto as Exhibit seven. All applicable transfer fees or bank charges must be paid by the Tenant. For purposes of this Agreement, the Tenant's address shall be the address in effect where payments should be made. In the event that the beginning or end of the term of this Lease is not the first of a month, rent shall be prorated such that Tenant shall only pay the portion of the rent allocated to the portion of the month the Premises are occupied by the Tenant. Tenant shall be responsible to include under monthly fees payment any ordinary monthly fee increase and extraordinary monthly fee established by the Condominium Owner's General Assembly for year 2015 and beyond. The totality of the monetary obligations contained in this section shall be considered part of Tenant's basic obligation to pay rent, in accordance with articles twenty five and sixty four of the General Urban and Suburban Lease Law in effect in Costa Rica.

Common Area Maintenance. Subject Common area maintenance charges (hereinafter referred to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (as “CAM ExpensesCAM”) are shall mean any and all costs costs, expenses and expenses associated obligations incurred by Landlord in connection with the operation operation, ownership, management, repair and maintenance replacement, if necessary, of the Common Areas Building and the Project, including, without limitation, the following: (i) the maintenance, repair and replacement, if necessary, of the downspouts, gutters and the non-structural portions of the roof; (ii) the paving, repair and maintenance of the heatingall parking facilities, ventilationaccess roads, air conditioningdriveways, truck ways, sidewalks and passageways; (iii) loading docks and access ramps, trunk-line plumbing (as opposed to branch-line plumbing, electrical, utility ); (iv) common utilities and safety systems exterior lighting; (to the extent not performed by Tenant), including, but not limited to, the following: gardening and v) landscaping; (vi) snow removal; utility(vii) fire protection; (viii) exterior painting of the Building and other improvements within the Project; (ix) interior painting of the common areas of the Project (excluding the Premises), water, sewage if any; (x) management fees not to exceed three percent (3%) of Base Rent from the Project determined without regard to any abatement or reduction in Rent applicable to the period of determination); and property drainage services for (xi) additions or alterations made by Landlord to the Common Area; maintenance of signs Project or the Building in order to comply with New Legal Requirements (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for those expressly required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services herein to be made by Tenant) or that result in reducing CAM, provided by third parties and that the cost of such services additions or alterations that are permitted to be capitalized for federal income tax purposes shall be included in CAM Expenses. With respect amortized on a straight line basis over a period equal to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; anticipated useful life thereof as determined by Landlord’s contractor, provided, however, that the amount amortized for alterations and additions that are made for the purpose of reducing CAM shall not exceed the reasonably estimated savings in CAM for that calendar year as determined by Landlord’s engineer. If at any time during a calendar year within the Lease Term, the Project is not 100% occupied, CAM that vary with occupancy shall be “grossed up” and determined by Landlord as if the Project has been 100% occupied. Additionally, CAM does not include (a1) personal property taxes paid by any tenant; (2) payments of principal and interest or other finance charges made under mortgages or ground rent under ground leases; (3) leasing commissions; (4) the annual depreciation costs of renovating space for tenants; (based 5) capital repairs or replacement of any base Building items or Project items, specifically including costs associated with the Building foundation, exterior walls, roof, utlities and infrastructure on the useful life of the item under Project except as specifically set forth above; (6) other costs and expenses incurred by Landlord that are required to be capitalized in accordance with generally accepted accounting principlesprinciples except as specifically set forth above; (7) non-cash items, such as depreciation of the Building or any other improvements in the Project, and all equipment, fixtures, improvements and facilities used in connection therewith except as specifically provided for above, or interest on capital invested; (8) costs of providing to other tenants of the Project services which are not available to Tenant; (9) marketing, promotions or advertising of any kind; (10) attorneys’ fees and other legal costs incurred as a result of defaults by, or litigation or other disputes with other tenants of the Project; (11) wages, salaries, fees and fringe benefits paid to administrative or executive personnel of Landlord or Landlord’s managing agent except to the extent such capital personnel are employed to operate, repair or replacement manage the common areas, Building or Project; (12) any costs relating to hazardous materials, asbestos and the like not resulting from the act, omission or neglect of Tenant, its agents, employees, contractors or invitees, specifically including the cost of any environmental remediation; (13) costs incurred due to the Common Areas violation by Landlord of the terms and conditions of this Lease or negligence of the heating, ventilating, air-conditioning, plumbing, electrical, utility Landlord; (14) attorneys’ fees and safety systems serving other legal costs incurred as a result of litigation or other disputes with Tenant; (15) costs of restoration or repairs to the Property, shall be included extent of net insurance or condemnation proceeds received by Landlord with respect thereto or that is covered by warranty; (16) costs incurred by Landlord in the CAM Expenses each year during sale, financing, refinancing, mortgaging, selling or change of ownership of the Lease TermProject, including brokerage commissions, attorney’s fees and accountants’ fees, closing costs, title insurance premiums, transfer taxes and interest charges; and (b17) costs to correct, or any penalty or fine related to, any violation of any federal, state, or local law or regulation relating to the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this LeaseProject.

Common Area Maintenance. Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“CAM Expenses”) are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility utility, and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, water and sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits permits; routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, paving (including sweeping, striping, repairing, resurfacing resurfacing, and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee (not to exceed five percent (5%) of building revenuesthe gross rents of the Property for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. , Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include include: (a) the cost of capital repairs and replacements; , provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, Property shall be included in the CAM Expenses each year during the Lease Termterm of this Lease; and (b) the cost of capital improvements improvements, provided, however, that the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any capital improvement undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Lease.

Common Area Maintenance. Subject In addition to Articles Eleven and Twelvethe monthly rental payable by Tenant pursuant to Article III hereof, Landlord shall maintain Tenant shall, throughout the Common Areas in good orderTerm hereof, condition, and repair. be responsible for its proportionate share of all Common Area Maintenance expenses Expenses (“CAM Expenses”as defined herein) are all costs incurred in maintaining and expenses associated with the operation and maintenance of operating the Common Areas Areas. As used herein, the term “Common Area Maintenance Expenses” shall mean, for each calendar year (or portion thereof) during the Term of this Lease, the aggregate of all costs, expenses and the repair and maintenance liabilities of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems every kind or nature paid or incurred by Landlord (to the extent not performed by Tenant)that Landlord, includingin its good faith judgment, but not limited regards it as reasonably necessary or appropriate to provide the services and materials hereafter referred to and to pay and incur the costs, expenses and liabilities hereafter referred to) in connection with sweeping, the following: gardening cleaning, removing debris from, maintaining, restriping and landscaping; snow removal; utility, water, sewage and property drainage services for repairing the Common Area; maintenance lighting the Common Area (including replacement of signs (other than tenants’ signsbulbs and ballasts, and painting, repairing and maintaining of light standards); worker’s compensation insuranceproviding project identification signs; personal providing signs, equipment and/or personnel for assisting in traffic control and management at the Common Area (including a shuttle service if applicable); constructing, operating and repairing and maintaining any on-site or off- site utilities necessary or appropriate for the operation of the Common Area; providing and maintaining planting and landscaping with respect to the Common Area; providing security services with respect to the Common Area; operating any loudspeakers or other equipment supplying music; utilities charges for any services to the Common Area; repairing and maintaining the roof of the Demised Premises and the building of which they are a part (including repairs to provide for adequate drainage and to gutters and downspouts) all sums payable by the owner of the Shopping Center under any declaration of covenants, easements, agreements or operating agreements attributable to the Shopping Center; repairing and maintaining the structural portions of the Demised Premises and the building of which they are a part; repairing and maintaining utility lines located in the Common Area which do not exclusively serve one tenant in the Shopping Center; exterminating and pest control in and about the Demised Premises and Shopping Center; periodic repainting of exterior walls of the buildings comprising a portion of the Shopping Center (including steam cleaning or sandblasting thereof or other graffiti-removal procedures); repairing and maintaining overhead canopies at the Shopping Center (including, without limitation, lighting and tile); repairing and maintaining sprinklers and sprinkler-risers serving the Demised Premises and the building of which they are a part; repairing and maintaining sidewalks in the Common Area (including, without limitation, periodic steam cleaning thereof); plus all other costs and expenses of every kind or nature paid or incurred by Landlord relative to operating, managing and equipping the Common Area including, without limitation, subdivision maintenance fees or dues; property taxes; rentals owners association fees or lease payments paid dues and similar charges, annual charges for reserves established by Landlord for rented future replacements or leased personal property used in improvements to the operation Common Area (inclusive of periodic new blacktopping of the parking areas and major roof repairs and major structural repairs) plus any management fee paid or maintenance incurred by Landlord. The phrase “Common Area Payment” shall refer to the Tenant’s Share (as hereinafter defined) of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services Area Maintenance Expenses to be provided paid by third parties and the cost of such services shall be included in CAM Expenses. With respect Tenant pursuant to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this LeaseSection 6.4 below.

Common Area Maintenance. Subject to Articles Eleven and TwelveCommencing January 1, Landlord 2006, Tenant shall maintain the Common Areas in good orderpay as Additional Rent, condition, and repair. Tenant's Proportionate Share of all Common Area Maintenance expenses Charges (“CAM Expenses”as defined below) are all costs and expenses associated with during the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs Lease Term (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used the first year of the Lease Term) in the operation manner provided in Section 6.04. The anticipated Common Area Charges as of December 13, 2004 are listed in Exhibit G. As used herein, "Common Area Maintenance Charges" shall mean all expenses, costs and disbursements which Landlord shall pay or maintenance of become obligated to pay in connection with operating, insuring, equipping, protection, maintaining and repairing the Building, its systems, and Common Areas; fees for required licenses , snow removal, rubbish removal, landscaping, operation of any common fire alarm and/or security system, or heating and permits routine maintenance and repair of roof membraneair conditioning system, flashingsor otherwise including, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that without limitation: (a) the annual depreciation all wages and salaries of all Persons employed in connection therewith (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heatingincluding taxes, ventilatinginsurance and benefits relating thereto), air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken all supplies and materials used in connection therewith, (c) all maintenance, and service agreements including management agreements providing management fees not in excess of those customarily charged in the Greater Fall River area, (d) utilities in accordance with Section 9.01 (payable in the manner set forth therein), (e) insurance, including without limitation casualty insurance, rent insurance, flood hazard insurance, if applicable, liability insurance, by umbrella or otherwise, and all such other commercially reasonable insurance coverage as Landlord's mortgagees or ground lessors may from time to reduce CAM Expenses time require or made in order as Landlord may from time to comply with legal requirements time reasonably require (provided that Landlord shall be included solely responsible for any environmental liability insurance premiums), (f) capital items amortized over their useful life in CAM Expenses each year during accordance with generally accepted accounting principles consistently applied (it being expressly understood that Landlord shall be exclusively responsible for the term amortized cost of this any such items allocated to the period following expiration of the Term) and (g) pursuing any application for an abatement of Taxes. Notwithstanding the above, Common Area Maintenance Charges shall not include: (a) the costs of off-site personnel with exception to the costs of Landlord's off-site management function for the facilities; (b) the cost of any "tenant allowances" or other costs incurred in preparing the Building for occupancy and any alterations, decoration or improvements made to leasable space in the Building on account of said prospective tenants or other occupants of the Building; (c) costs associated with any environmental assessments or remediation of the Building or Land; (d) financing or refinancing costs; (e) expenses in the nature of interest, fines and penalties; (f) rent, additional rent and other charges payable under the Ground Lease; (g) expenses for which Landlord has been or will be reimbursed; and (h) professional fees incurred in connection with the preparation of financial statements, tax returns and other documents and information for Landlord or its mortgagees, or with respect to other Leases of the Building or Land; janitorial expenses (it being expressly agreed that Tenant shall be responsible for its own janitorial services); and (j) the cost of services provided to other tenants of the Building or Land but not provided to Tenant. Common Area Maintenance Charges shall be determined on accrual basis in accordance with generally accepted accounting principles which shall be consistently applied and shall be generally consistent in amount per square foot with similar charges for similar commercial properties within the Greater Fall River area.

Common Area Maintenance. Subject Commencing on the date the first Monthly Rental payment is due for the first full calendar month of the term, Tenant shall also pay to Articles Eleven Landlord a monthly sum (Monthly Common Area Payment) at the time minimum monthly rent is due which Monthly Common Area Payment shall be applied toward Tenant's share of Common Area as herein provided. The amount of the first Monthly Common Area payment shall be the sum set forth in a letter of notification from Landlord to Tenant. Common area costs included, but shall not be limited to, amounts paid to a third person, firm, or corporation for a management fee; costs incurred by Landlord for resurfacing, repainting, restriping, cleaning, sweeping, supplies (e.g. light bulbs and Twelvetubes), Landlord shall maintain and other janitorial services; amounts incurred in purchase, construction and maintenance of refuse receptacles, amounts incurred in painting and relandscaping, costs of directional signs and other markers, and car stops, costs of lighting and other utilities, reasonable depreciation allowance on improvements, machinery, and equipment used in connection with the Common Areas common areas; all costs of keeping the exterior foundations, exterior walls, downspouts, gutters, roofs, plumbing sewage systems and air conditioning systems of the building in good order, conditioncondition and repair, and repairany and all parking charges, utility surcharges or any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereto, promulgated by any governmental authority in connection with the use or occupancy of the Premises or the common area; and all the costs (including payments on equipment) necessary in Landlord's judgment for the maintenance and operation of the common areas. Common Area Maintenance expenses (“CAM Expenses”) are all area costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not also include the cost to Landlord of capital repairs and replacements; provided, however, that (a) any additional improvements made to the annual depreciation (based on common area after the useful life commence of the item under generally accepted accounting principles) term. Tenant's proportionate share of any such capital repair or replacement Common Area costs shall be the ratio of the total square feet in the Leased Premises bears to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included total number of leaseable square feet in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Leasecomplex.

Common Area Maintenance. Subject Tenant agrees to Articles Eleven and Twelvepay, Landlord shall maintain the Common Areas in good orderupon Landlord's demand therefor, conditionas additional rent, and repair. Common Area Maintenance expenses (“CAM Expenses”) are all costs and expenses associated with the operation and maintenance an amount equal to Tenant's Proportionate Share of the Common Areas and the repair and maintenance "Landlord's Cost" of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membranethe Building and the landscaped, flashingsparking and other common areas thereof. The term "Landlord's Cost", guttersas used herein, downspoutsshall be deemed to include, roof drainswithout limiting the generality of the foregoing, skylights gardening, landscaping, planting, replanting and waterproofing; replacement of flowers, shrubbery, trees and grass, striping, the cost of electricity and maintenance and replacement of exterior fixtures and bulbs, with respect to the parking areas, repair of paving, (including sweepingcurbs and walkways, stripingrepair and cleaning of drainage facilities, repairingtrash, resurfacing rubbish and repaving); general maintenance; painting; garbage removal with respect to the exterior of the Real Property, snow and ice removal, exterminating, exterior lighting; cleaning; refuse removal; , maintenance repair and replacement of the sanitary system, maintenance and repair of the roof, rental of machinery and equipment, cost of personnel to implement all of the foregoing, security and similar items; reserves for roof replacementsecurity guard service, exterior painting if any, and other appropriate reserves; similar costs of the type incurred in the operation of comparable properties plus Landlord's administrative fee of seven and a property management fee not to exceed five one-half percent (5%) of building revenueson any amounts exceeding the Base CAM Charge. Landlord may cause any or all and Tenant stipulate and agree that Tenant?s Proportionate Share of such services to be provided by third parties and the cost of such services Landlord?s Cost shall be included in initially $852.75 per month (the "Base CAM ExpensesCharge"). With respect to any The parties hereby agree that the Base CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be Charge is included in the rent set forth in Paragraph 43 hereof. In the event that Tenant?s Proportionate Share of Landlord's Cost increases over the Base CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year Charge at any time during the term of this Leaselease, Landlord shall have the right to bill such increasx xx Tenant monthly or otherwise and Tenant shall pay such increase as additional rent within ten (10) days of Landlord's written demand therefor. Notwithstanding the foregoing, in the event that maintenance and repair of the Building, any building systems or the landscaped, parking and other common areas thereof are occasioned by the negligence or willful misconduct of Tenant, its agents, contractors, employees or invitees, Landlord shall perform the repair, at Tenant?s sole cost and expense.

Common Area Maintenance. Subject to Articles Eleven Tenant shall pay as Additional Rent, Tenant's Proportionate Share of all Common Area Maintenance Charges (as defined below) during the Lease Term if the manner provided in Section 6.03 hereof. As used herein, "Common Area Maintenance Charges" shall mean all expenses, costs and Twelve, disbursements which Landlord shall maintain pay or become obligated to pay in connection with operating, maintaining and repairing the Building, Common Areas and Park Areas, snow removal, rubbish removal, cleaning, landscaping, operation of any common security system, common elevator, or heating and air conditioning system, or otherwise including, without limitation: (a) all wages and salaries of all Persons employed in good orderconnection therewith (including taxes, conditioninsurance and benefits relating thereto), (b) the cost of all supplies and materials used in connection therewith, (c) all maintenance, janitorial and service agreements including management agreements providing management fees not in excess of those customarily charged in the Greater Boston area, (d) utilities not separately metered, (e) insurance including, without limitation, casualty insurance, rent insurance, flood, hazard insurance, if applicable, liability insurance, by umbrella or otherwise, and repairall such other insurance coverage as Landlord's mortgagees or ground lessors may from time to time require Landlord may from time to time reasonably require or Landlord deems necessary or desirable under the circumstances, (f) assessments and other charges imposed on the owners of the Building or allocated to the Building, or the maintenance of the Park pursuant to operating covenants or otherwise, (g) capital items which are primarily for the purpose of reducing common charges or which may be required by a governmental authority as reasonably amortized by Landlord, and (h) pursuing any application for an abatement of Taxes. Common Area Maintenance expenses Charges shall not Include (“CAM Expenses”1) are all capital items, except as provided above, (2) specific costs billed to and expenses associated paid by specific tenants, or (3) costs incurred by Landlord during the first two Lease Years in connection with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility roof and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance structural elements of the Building. Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services Area Charges shall be included determined on an accrual basis in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under accordance with generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, principles which shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Leaseconsistently applied.

Common Area Maintenance. Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“"CAM Expenses”") are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heatingTHE REPAIR AND MAINTENANCE OF THE HEATING, ventilationVENTILATION, air conditioningAIR CONDITIONING, plumbingPLUMBING, electricalELECTRICAL, utility and safety systems UTILITY, AND SAFETY SYSTEMS (to the extent not performed by TenantTO THE EXTENT NOT PERFORMED BY TENANT), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, utility water and sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ Tenant's signs); worker’s 's compensation insurance; personal property taxes; rentals rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits permits; routine maintenance and repair of roof membraneREPAIR OF ROOF MEMBRANE, flashingsFLASHINGS, guttersGUTTERS, downspoutsDOWNSPOUTS, roof drainsROOF DRAINS, skylights and waterproofingSKYLIGHTS AND WATERPROOFING; maintenance of paving, paving (including sweeping, striping, repairing, resurfacing and repavingRESURFACING, AND REPAVING); general maintenance; paintingmaintenance Painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent AND A PROPERTY MANAGEMENT FEE (5NOT TO EXCEED THREE PERCENT (3%) of building revenuesOF THE GROSS RENTS OF THE PREMISES FOR THE CALENDAR YEAR). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With Expenses with respect to any CAM Expenses which are included for the benefit of the Property Premises and other property. , Landlord shall make a reasonable allocation of such cost between the Property Premises and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; EXPENSES SHALL NOT INCLUDE: (a) THE COST OF CAPITAL REPAIRS AND REPLACEMENTS, provided, however, that (a) the annual depreciation ANNUAL DEPRECIATION (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the Premises SHALL BE INCLUDED IN THE CAM Expenses each year EXPENSES EACH YEAR during the Lease Termterm of this Lease; and (b) the cost COST OF CAPITAL IMPROVEMENTS, provided, however, that the annual DEPRECIATION (based on the useful life of capital improvements undertaken to reduce the item under generally accepted accounting principles) OF ANY CAPITAL IMPROVEMENT UNDERTAKEN TO REDUCE CAM Expenses EXPENSES or made in order to comply with legal requirements shall be included in SHALL BE INCLUDED IN CAM Expenses EXPENSES each year during the term of this Lease.

Common Area Maintenance. Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“"CAM Expenses”") are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility utility, and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, water and sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ ' signs); worker’s 's compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits permits; routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, paving (including sweeping, striping, repairing, resurfacing resurfacing, and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reasonable reserves for roof replacement, exterior painting and other appropriate reasonable reserves; and a property management fee (not to exceed five three and one-half percent (53.5%) of building revenuesthe gross rents of the Property for the calendar year). CAM Expenses do not include (a) principal and interest payable by Landlord on any obligation secured by any encumbrance on the Property or any leasehold interest of Landlord or principal and interest payable by Landlord in connection with any other obligation incurred by Landlord with respect to the Property , or portion thereof; (b) costs, expenses or disbursements for services or facilities provided to a particular tenant or occupant of the Property, including Landlord; (c) costs and expenses incurred by Landlord to procure tenants for the Property, including but not limited to brokerage commissions, architectural, engineering or legal fees, and advertising or remodeling costs relating to the space leased; (d) costs and expenses attributable to enforcing leases against tenants in the Property, including but not limited to attorneys' fees, court costs, and adverse judgments; (e) any costs, fines or penalties due to violations by Landlord of any governmental rule or authority; (f) the cost of correcting any code violations that occurred prior to commencement of the Lease term; (g) moving or relocation; and (h) general overhead, including allocated overhead of Landlord, its general partners or their affiliates, including but not limited to compensation and other benefits for staff and management personnel other than staff and management personnel employed, engaged or retained specifically in connection with the management and operation of the Property. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. , Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include include: (a) the cost of capital repairs and replacements; , provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, Property shall be included in the CAM Cam Expenses each year during the Lease Termterm of this Lease; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during improvements, provided, however, that the term annual depreciation (based on the useful life of this Lease.the item under generally accepted accounting principles) of any

Common Area Maintenance. Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“"CAM Expenses”") are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility utility, and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, . water and sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ Tenant's signs); worker’s 's compensation insurance; personal property taxes; rentals rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits permits; routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (paving [including sweeping, striping, repairing, resurfacing resurfacing, and repaving); general maintenance; paintingmaintenance Painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee (not to exceed five three percent (53%) of building revenuesthe gross rents of the Premises for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With Expenses with respect to any CAM Expenses which are included for the benefit of the Property Premises and other property. , Landlord shall make a reasonable allocation of such cost between the Property Premises and such other property. CAM Expenses shall not include include: (a) the cost of capital repairs and replacements; , provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, Premises shall be included in the CAM Expenses each year during the Lease Termterm of this Lease; and (b) the cost of capital improvements improvements, provided, however, that the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any capital improvement undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Lease.