Common use of Landlord’s Maintenance Obligations Clause in Contracts

Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.

Landlord’s Maintenance Obligations. The first sentence of Section 7.1 is hereby deleted and replaced with the following sentences: "Subject to the provisions of Sections 21 (Damage) and 22 (Eminent Domain), and subject to reimbursement pursuant to Article 7, Landlord shall provide keep in good order, condition and repair the following foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler system, fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping fences, signs and utility systems serving the Premises (including the main sewer line) and all parts thereof. Landlord shall not be obligated to paint the interior of the Building, including, but not limited to, the interior surfaces of exterior walls, not shall Landlord be obligated to maintain, repair or replace windows, doors or glass of the Premises. Tenant accepts the Premises in its current 'as is' condition, provided, Landlord shall ensure that all building systems, power, roof, existing heating and air conditioning systems, windows and seals, mechanical systems, and electrical and plumbing systems and equipment are in good condition as of the date Landlord delivers the Building to Tenant. Xxxxxxxx makes no representation as to the suitability of the Premises for Xxxxxx's intended use. In addition, Landlord shall deliver the Building in a condition that complies with all codes and regulations, including, but not limited to, the Americans With Disabilities Act and Title 24 requirements. To the best of Landlord's actual knowledge, Landlord represents and warrants that there are no latent defects in the Building. If Xxxxxx notifies Landlord of a latent defect in the Building prior to two hundred and seventy (270) days after mutual execution and delivery of this Lease, Landlord shall correct and repair such defect at its sole cost and expense expense. If Tenant does not notify Landlord of a latent defect in the Building prior to such date, correction of any such defect shall be the obligation of the party otherwise responsible therefor pursuant to the terms of this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless Landlord fails within a reasonable time to perform such obligation required to be performed by Landlord. For purposes of this Section, a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord of written notice; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. Performance shall be deemed to have commenced if: (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, work has actually commenced or (ii) snow Landlord is in the process of obtaining bids from contractors or having plans and ice removal specifications prepared in connection with such repair work. If Landlord breaches its obligation to make any repairs or to perform any maintenance required to be performed by Landlord, or in the event of an emergency roof leak that is not repaired by Landlord within three (3) days after notice to Landlord, Tenant may repair the same itself where the cost of such repairs does not require an expenditure of more than Fifty Thousand Dollars ($50,000) and deduct the expenses of such repairs from the Parking Facilityrent when due. Landlord shall only be obligated to paint the exterior of the Building as reasonably needed, but in no event more than once every five (iii5) subject years. Landlord shall also be responsible for repairing the interior ceiling of the Building at its sole cost if materially damaged by roof leaks, unless such leaks result from: (i) the actions or willful misconduct of Tenant or its employees, agents, contractors or invitees or (ii) equipment, machinery or other improvements installed on the roof of the Building by or for Tenant. In no event shall Tenant be required to Tenant’s obligations in Section 6.2 belowmake any structural repairs to the Building or be responsible for any direct or indirect costs arising from or relating to the Roof Lease (including but not limited to repair, adequate pavement and striping (as maintenance or replacement of the roof) unless such repairs are necessary due to maintain the parking lot surface negligence, willful misconduct or other actions or use of the Premises in a condition consistent with the other Parking Facilities on the Land by Tenants or its employees, and (iv) sweepingagents, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and contractors or invitees. Tenant shall be responsible for any increased or additional costs for replacement or repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center roof of the Building arising out of or due to Tenant's roof penetrations or roof equipment. Regarding the roof of the Building, during the initial Term, any decision as maintained to whether the roof needs to be replaced shall be made by LandlordLandlord in its sole and absolute discretion. During the Extended Term, Tenant shall notify Landlord shall commence if it feels that the roof of the Building needs to be replaced. If the parties cannot reach a mutual agreement within thirty (30) days after Xxxxxxxx's receipt of such notice from Tenant concerning the roof, the decision of whether the roof should be replaced shall be determined in the following manner: Landlord and thereafter diligently pursue Tenant shall each appoint one (1) arbitrator who shall by profession be a qualified licensed consultant specializing in roofs and roofing systems in Southern California who shall have been active in such business over the ten (10) year period ending on the date of Tenant's notice to completion such Landlord maintenance obligations Landlord. Each arbitrator shall be appointed within ten (10) days after being given notice the expiration of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day mutual agreement period provided above shall not apply in described hereinabove. If within thirty (30)days after the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Landarbitrators are appointed, the Premises or arbitrators are unable to all or agree upon whether the roof should be replaced, then the two(2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a larger portion third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the Shopping Center initial two (2) arbitrators and who shall render a decision, within fifteen (15) days following his or her appointment, regarding whether the Adjacent Shopping Center (as hereinafter defined)roof should be replaced. The manner in which decision of the Common Areas third arbitrator shall be maintained as described herein binding upon Landlord and Tenant. If the two (2) arbitrators fail to agree upon and appoint a third arbitrator, the matter shall be solely determined decided forthwith by Landlordthe American Arbitration Association pursuant to its Commercial Arbitration Rules. If any owner or tenant of any portion The cost of the Shopping Center maintains Common Areas located upon its parcel or premises (arbitration shall be paid equally by Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common AreasTenant."

Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant Xxxxxx agrees and acknowledges that LandlordXxxxxxxx’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.

Landlord’s Maintenance Obligations. (a) Landlord shall, at Landlord’s sole cost and expense, repair and maintain and operate and replace (provided replacement shall be required only if repair is not a commercially practicable alternative in light of factors such as the length of term and the risk to Tenant’s business operations should repair be inadequate and provided that Landlord has the right to factor the short term nature of the Lease and the economics of replacement into its decision about what is an appropriate replacement) the Complex Utility Lines and pipes in such a manner so that Landlord may supply Landlord’s Services to Tenant. (b) Landlord shall provide the following at its Landlord’s sole cost and expense (i) overhead lighting (including maintenance, repair and maintain and replace (provided replacement shall be required only if repair is not a commercially practicable alternative in light of factors such as the length of term and the potential detrimental effect of repair on Tenant’s business operations should repair be inadequate and provided that Landlord has the right to factor the short term nature of the Lease and the economics of replacement into its decision about what is an appropriate replacement) both the Common Areas, as hereinafter defined, upon the Complex and the Demised Premises in such condition as is consistent with past practices and procedures of Landlord and considering the age and condition of such Common Areas and Demised Premises subject in each case to reasonable wear and tear, any gross negligence or wilful misconduct on the part of Tenant or those for whom the Tenant is at law responsible (which shall be the responsibility of the Tenant), and (subject to Section 17 hereof) any damage caused by fire, the elements or other casualty. (c) Landlord shall at its related electricity consumption, cost repair and maintain and replace (ii) snow provided replacement shall be required only if repair is not a commercially practicable alternative in light of factors such as the length of term and ice removal from the Parking Facility, (iii) subject risk to Tenant’s obligations in Section 6.2 belowbusiness operations should repair be inadequate and provided that Landlord has the right to factor the short term nature of the Lease and the economics of replacement into its decision about what is an appropriate replacement) the Building structure, adequate pavement roof and striping utility systems owned by Landlord (which do not exclusively serve the Demised Premises), and other improvements of a capital nature to the extent required to serve the Demised Premises so as necessary to maintain same in such condition as is consistent with past practices and procedures of Landlord and considering the parking lot surface age and condition of the Premises Building, subject to reasonable wear and tear, any gross negligence act or wilful misconduct of Tenant or those for whom it is in a condition consistent with the other Parking Facilities on the Land , law responsible (which shall be Tenant’s responsibility) and (ivsubject to Section 17 hereof) sweeping, cleaning, and landscaping maintenance (meaning, collectivelyany damage caused by fire, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises elements or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areasother casualty.

Landlord’s Maintenance Obligations. The Common Areas shall be under the exclusive control and management of Landlord, subject to the terms hereof. Landlord shall at all times operate and maintain (or cause to be operated and maintained) the Common Areas (including, without limitation, the Parking Areas, and the hardscape and landscaping, if any, located on the Demised Land but outside the exterior footprint of the Building) in a safe, secure and sightly condition and repair, commensurate with (or better than) the then current standards of shopping center operation and maintenance for a majority of the other First Class Centers in the Metropolitan Area and in all events in compliance with the requirements of the REA, if any. Landlord shall provide the following at its sole cost therefor all such services as are reasonably required. As part of such operation and expense maintenance (ibut not as a limitation thereof), Landlord shall: (a) overhead lighting (including maintenanceInspect, maintain, repair and replacementreplace the surface of the Common Areas (including, without limitation, the Parking Areas, curbs and sidewalks), keeping them level, smooth and evenly covered with the type of surface material originally installed thereon or such substitute therefor as shall be in all respects equal or greater in quality, appearance and durability; (b) and its related electricity consumptionRemove all papers, (ii) debris, filth, refuse, snow and ice removal from the Common Areas (including, without limitation, the Parking FacilityAreas and removal of accumulated snow and ice from the Priority Parking Areas and walkways providing access to the Premises) and wash or thoroughly sweep paved areas as required, including washing the sidewalks and plazas around the Premises as appropriate to maintain a First-Class appearance; (iiic) subject Provide at all times a sufficient number of first-class, functional trash receptacles in the Common Area for Common Area trash and remove such trash and refuse from such receptacles on a regular basis throughout the day and night as needed to avoid overflowing trash cans; (d) Install, maintain, replace and repair all entrance, exit and directional signs, markers and lights as shall be reasonably required and in accordance with the practices prevailing in the operation of First Class shopping centers of similar size; (e) Clean Common Area lighting fixtures and relamp as needed and, in all events pertaining to the lighting fixtures within the Protected Area within one (1) day after notice from Tenant’s obligations ; (f) Repair, remark and replace striping, markers and directional signs in Section 6.2 below, adequate pavement and striping (the Common Areas as necessary to maintain the parking lot surface of same in good condition; (g) Install, maintain, repair and replace landscaping as necessary to keep the Premises same in a condition consistent with the other Parking Facilities on the Land good condition, and maintain all wetlands (ivif any) sweeping, cleaning, and landscaping maintenance (meaning, collectively, in the Premises and Common Areas on the Land) Center in good condition and in compliance with all Applicable Laws; (h) Clean signs of the Center (as contrasted with those of tenants or other occupants), including relamping and making repairs as required; (i) Keep the Common Areas (including, without limitation, the Parking Areas and all accessways and entrances to, from and between the Premises and the Parking Areas) open, operating and adequately lit and patrolled, as conditions may require during such hours as Tenant’s business in the Premises is open for business as well as for no less than 30 minutes after Tenant’s business closes; (j) Maintain, repair consistent and replace, as necessary, all utility facilities within and/or serving the Common Areas, including (without limitation) any utility facilities outside the Premises to which the Premises are connected; (k) Use commercially reasonable efforts to ensure that the use of and activities within the Common Areas do not disrupt or interfere with access to the routine Premises or the conduct of Tenant’s business in the Premises; (l) Perform all maintenance, repairs, replacements, alterations and improvements in and to the Common Areas that are necessary to keep the Common Areas in compliance with Applicable Laws applicable to the design, construction, operation, use and maintenance of the Common Areas, including, but not limited to, all maintenance, repairs, replacements, alterations and repair which is standard improvements in or to the Common Areas that are required by Applicable Laws to permit Tenant to use the Premises for the uses contemplated under this Lease; (m) Keep the Common Areas insured and covered by insurance policies providing coverage (in scope and amount) not less than the coverages specified in Article 7; (n) Intentionally deleted. (o) Take reasonable steps (but only to the extent permitted by Applicable Laws) to ensure that any demonstrations, leafleting or picketing in the Common Areas is removed or eliminated so that access to the Premises or the conduct of Tenant’s business is not hindered or interrupted; (p) Employ and/or contract for courteous trained personnel for Common Area security functions reasonably necessary during Center operating hours and such other hours as are reasonably deemed necessary by Landlord for the safe and orderly operation of the Common Areas; (q) Repaint and re-finish the exterior surfaces of the Center and the interior Common Areas of the Shopping Center periodically; and (r) At Landlord’s option, provide an on-site manager and secretary and such other on-site staff and personnel as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards may be appropriate for the Common Areas operation of the Shopping a First Class Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.

Landlord’s Maintenance Obligations. Landlord shall provide the following This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations (at its sole cost and expense expense) are limited to the replacement of the Building’s Structure. Landlord shall not be responsible for (a) any such work until Tenant notifies Landlord of the need therefor in writing or (b) alterations to the Building’s Structure required by applicable Law because of Tenant’s use of the Premises (which alterations shall be made by Tenant at its sole cost and expense). The Building’s Structure does not include windows, glass or plate glass, doors or overhead doors, special fronts, or office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant, unless such damage is solely caused by latent defects of the Building’s Structure or the gross negligence or willful misconduct of Landlord or Landlord’s agents. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the cost of performing the work. Additionally, Landlord shall maintain automatic fire sprinkler system, the parking areas, and other common areas of the Building, including driveways, alleys, landscape and grounds surrounding the Premises and utility lines in a good condition, consistent with the operation of a bulk warehouse/industrial or service center facility, including maintenance, repair, and replacement of the exterior of the Building (including but not limited to painting), landscaping, sprinkler systems, and any items normally associated with the foregoing. All costs in performing the work described in the foregoing sentence shall be included in Operating Costs. Tenant shall promptly notify Landlord in writing of any work required to be performed under this Section 7, and Landlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice. Notwithstanding anything to the contrary contained herein, Landlord shall, in its sole and absolute discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole and absolute discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action). Notwithstanding anything in this Section 7 to the contrary, if Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder to the roof of the building over the Premises, and (i) overhead lighting such failure shall persist for thirty (including maintenance30) days after written notice of the need for such repairs or maintenance is given to Landlord, repair and replacement) and its related electricity consumption, (ii) snow unless Landlord has commenced such repairs or maintenance during such period and ice removal from is Texas Industrial Lease — American Locker Group, Inc. 5 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx diligently pursuing the Parking Facilitysame, and (iii) subject such failure creates a risk of bodily injury or property damage, then Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (5) business days after receipt of such second notice, cause Landlord’s roofing contractor to perform such repairs or maintenance in accordance with the provisions of this Lease governing Tenant’s obligations in Section 6.2 below, adequate pavement repairs and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , alterations and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence reimburse Tenant for all reasonable costs and expenses therefor within thirty (30) days after presentation of appropriate invoices and thereafter diligently pursue back-up documentation; provided, however, that the self-help rights of Tenant set forth in this Section 7 shall only apply to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable any entity or individual who succeeds to the Landrights of BV DFWA I, the Premises LP in and to this Lease and shall in no way be deemed to apply to BV DFWA I, LP or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areasaffiliates.

Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance structural components of the Building and repair which is standard for the Common Areas of all other buildings within the Shopping Center as maintained by Landlord. Landlord shall commence (excluding other buildings located on ground lease parcels within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or that are maintained by the Adjacent tenant(s) thereunder), including without limitation, foundations, roofs, the exterior surfaces of the exterior walls of all such buildings within the Shopping Center (as hereinafter definedbut specifically excluding signage, doors, door frames, door checks, windows, window frames, mullion systems and, at Landlord’s election, storefronts and storefront awnings). The manner obligations described in which the preceding sentence are referred to as “Landlord’s Maintenance Obligations.” Except to the extent specifically excluded in Section 9.3 below, the cost of Landlord’s Maintenance Obligations will be included as Common Areas Area Expenses, provided, however, Landlord’s Maintenance Obligations shall be maintained as described herein not include and Tenant shall be solely determined by Landlord. If any owner or tenant responsible for the costs of any portion repairs or replacements resulting from (i) Tenant’s negligence or willful acts, or those of anyone claiming under Tenant, or (ii) Tenant’s failure to observe or perform any condition or agreement contained in this Lease, or (iii) any alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Notwithstanding anything to the contrary contained in this Lease, Landlord will not be liable for failing to make any repairs required to be made by Landlord under this Lease unless Tenant has first delivered to Landlord Notice of the Shopping Center maintains Common Areas located upon its parcel or premises (need for such repairs and Landlord shall have has failed to commence and complete the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for repairs within a reasonable period of time following receipt of Tenant’s Notice. Tenant waives the maintenance provisions of that portion Sections 1932(1),1941 and 1942 of the Common Areas and Tenant shall have no claims against Landlord arising out Civil Code of the State of California, or of any failure similar, related or superseding provisions of such owner Law which permit Tenant to make repairs at Landlord’s expense or tenant to so maintain its portion of the Common Areasterminate this Lease.

Landlord’s Maintenance Obligations. Landlord, subject to reimbursement as provided below, shall make all Major Repairs in and to the Premises; provided, however, if the need for such repair is attributable to or results from the business activity being conducted at the Premises, or if any repairs or replacements are necessitated by the negligence or willful misconduct of Tenant or anyone claiming under Tenant or by reason of Tenant’s failure to observe or perform any conditions or agreements contained in this Lease or caused by alterations, additions or improvements made by Tenant, or anyone claiming under Tenant, then, in such case, the cost thereof shall be the sole responsibility of Tenant and Xxxxxx agrees to promptly reimburse Landlord for any costs and expenses incurred by Landlord with respect to such repair. Tenant agrees to reimburse Landlord for all costs Landlord incurs with respect to making Major Repairs as Additional Rent, and such reimbursement shall be due and payable together with Xxxxxx's next Base Rent installment; provided, however, to the extent such Major Repair is properly classified under generally accepted accounting principles consistently applied as capital expenditures that have a useful life for accounting purposes of five (5) years or more, then Landlord shall provide allocate the following at its sole cost of any such capital expenditure over a twelve (12) year period and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject Tenant shall not be required to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface pay more than 1/144th of the Premises cost of such capital improvement in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlordany given month. Landlord shall commence within thirty (30) days and thereafter diligently pursue repairs it is required to completion such Landlord maintenance obligations do hereunder as soon as reasonably practicable after being given receiving written notice from Tenant of the maintenance need consistent with the standards for the Common Areas necessity of the Shopping Center. Notwithstanding the foregoingsuch repairs, the thirty (30) day period provided above but in no event shall not apply in the event that a delay in Landlord’s completing the Landlord be required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable make any other repairs, subject to the Land, the Premises provisions of Articles 13 (Damage By Fire or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center Other Casualty) and 14 (as hereinafter defined). The manner in which the Common Areas shall be maintained as described Eminent Domain) herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (and Landlord shall have the right, in its sole discretion, to allow no liability for any owner damage or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord injury arising out of any failure condition or occurrence causing a need for such repairs. Tenant waives the provisions of such owner or tenant to so maintain its portion Sections 1941 and 1942 of the Common AreasCivil Code of the State of California, or any superseding statute, and of any other law permitting Tenant to make repairs at Landlord’s expense.

Landlord’s Maintenance Obligations. (a) Landlord shall, at its sole cost and expense, be responsible for keeping and maintaining the ring road and entrance drive portion of the Access Easement Area shown on Exhibit A-4 in good repair and reasonably free of snow and ice, as set forth in Section 5.03. Such maintenance shall be to a standard of care not less than that of the remainder of the Shopping Center, and shall be performed as and when required in order to maintain the same in a first-class condition, reasonable wear and tear, and casualty loss, excepted (b) In addition, so long as the Area B portion of the Premises remains as part of the Premises, Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenancebe responsible for keeping and maintaining the Area B portion of the Premises shown on Exhibit A-1 hereof, excluding the Access Easement Drive portion thereof shown on Exhibit A-8 hereof, in good repair and replacement) and its related electricity consumption, (ii) reasonably free of snow and ice removal from ice. Such maintenance shall be to a standard of care not less than that of the Parking Facilityremainder of the Shopping Center, (iii) subject to Tenant’s obligations and shall be performed as and when required in Section 6.2 below, adequate pavement and striping (as necessary order to maintain the parking lot surface same in a first-class condition, reasonable wear and tear, and casualty loss, excepted. (c) Landlord shall also maintain the landscaped area shown on Exhibit A-2. The manner in which such area shall be maintained and the expenditures therefor, shall be at the sole reasonable discretion of Landlord, except that the same shall be maintained at all times in a first-class condition in conformance with the Criteria and otherwise to a standard of care not less than that of the remainder of the Shopping Center. As Tenant's contribution to the costs and expenses incurred by Landlord in maintaining the aforesaid landscaped area, starting with the Term Commencement Date and continuing throughout the entire term of this Lease, Tenant shall pay Landlord, without offset, abatement or deduction, the sum of $ 4.25 per lineal foot of the Premises fronting on Polaris Parkway per annum, payable in a condition consistent with the other Parking Facilities equal monthly installments on the Land first day of each month. (d) If Landlord fails, and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas refuses or neglects to commence or complete any of the Shopping Center as maintained repairs or replacements required to be made by Landlord. Landlord under Section 6.01(b) and/or (c) herein promptly and adequately after written notice and a reasonable opportunity to cure, Tenant may, in addition to any other remedy Tenant may have, make or complete said maintenance, repairs or replacements (but shall not be required to) and Landlord shall commence pay the cost and expense thereof, plus a charge of fifteen percent (15%) thereof, to Tenant upon demand. If said amount is not paid within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice demand, Tenant may offset the cost thereof against twenty five percent (25%) of the maintenance need consistent with next installments of Minimum Rent, Percentage Rent or Additional Rent payable hereunder until the standards for entire obligation has been paid in full. (e) So long as the Common Areas Shopping Center and adjacent outparcels thereto are managed by a Glimcher Properties Limited Partnership related entity, if Landlord fails, refuses or neglects to properly maintain the Xxxxxx portion of the Shopping Center. Notwithstanding Access Easement Drive shown on Exhibit A-9 promptly and adequately after written notice and a reasonable opportunity to cure, Tenant may, in addition to any other remedy Tenant may have, offset an amount equal to the foregoing, reasonable estimate of the thirty cost for such repairs or maintenance against ten percent (3010%) day period provided above shall not apply in of the event that a delay in Landlord’s completing next following Minimum Rent installments due hereunder until the required maintenance would materially and adversely affect Tenant’s ability to use or repairs have been completed. In the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion management of the Shopping Center and adjacent outparcels thereto is performed by any other party other than Glimcher Properties Limited Partnership and Landlord fails, refuses or neglects to properly maintain the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion Xxxxxx Portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the rightAccess Easement Drive shown on Exhibit A-9 promptly and adequately after written notice and a reasonable opportunity to cure, Tenant may, in its sole discretionaddition to any other remedy Tenant may have, offset an amount equal to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion reasonable estimate of the Common Areas and Tenant shall have no claims cost for such repairs or maintenance against Landlord arising out of any failure of such owner or tenant to so maintain its portion twenty-five percent (25%) of the Common Areasnext following Minimum Rent installments due hereunder until the required maintenance or repairs have been completed.