Common use of LANDLORD'S MAINTENANCE Clause in Contracts

LANDLORD'S MAINTENANCE. Landlord shall maintain and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. (a) Landlord shall maintain perform all maintenance, repairs and replacements of the roof, including the heat/smoke evacuation fans and vents, the utility lines (as the same may be upgraded by Tenant) leading to the Leased Premises up to the point of entry, the foundation, floor slabs, parking and dock areas and all exterior and structural components of the Leased Premises (unless caused by Tenant’s use of or alterations to the Leased Premises). Subject to the limitation set forth in Section 4.3, Tenant shall pay to Landlord Tenant’s Pro Rata Share of the costs and expenses incurred by Landlord in fulfilling its obligations under this Section 9.1 pursuant to the reimbursement provisions set forth in Section 14.2 below, except that, subject to Section 6.1(d) hereof, if the necessity for any such maintenance, repairs or replacements results from any act or omission or negligence of Tenant, its agents, employees, contractors, customers or invitees, Tenant shall pay to Landlord all of the costs and expenses incurred by Landlord in performing such work. Such payment shall be additional rent hereunder and shall be paid to Landlord within thirty (30) days after Landlord bills Tenant therefor. Landlord shall, in any event, have ten (10) days after notice from Tenant stating the need for repairs to commence such repairs (unless an emergency in which event Landlord shall proceed forthwith), and Landlord shall thereafter proceed with due diligence to complete same. (b) Notwithstanding the provisions of Paragraph (a) above, Landlord shall not be obligated to repair the following: (i) the roofdock doors, foundation and the structural soundness of the exterior walls of the Building in good conditiondock seals or dock bumpers, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinkselevators or material lifts, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities exterior or interior of any doors, windows and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving plate glass surrounding the Leased Premises, Building and the Common Areas; (iv) HVAC in the Common Areas of the Building Leased Premises, except as set forth in Section 9.3 below; and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) damage to Tenant’s improvements or personal property caused by any casualty, burglary, break-in, vandalism, war or act of God. Landlord represents and warrants that as of the extent not otherwise described in this Section 9.1, the completion of Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; initial Leased Premises and as of the delivery to Tenant of the additional portions of the Leased Premises that the items in (ii) and (viiiii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord above are in writing. Further, Landlord shall maintain, repair good working order and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsrepair.

LANDLORD'S MAINTENANCE. Landlord shall maintain (a) Landlord’s maintenance obligations are limited to those expressly described elsewhere in the Lease and repair (i) to the roof, replacement of the Building’s roof and maintenance of the foundation and the structural soundness of the exterior walls members of the Building in good conditionincluding exterior walls and load bearing columns within the Premises (collectively, reasonable wear the "Building’s Structure") and tear exceptedthe Building’s windows and skylights; however, Landlord shall not be responsible (ii1) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts for any such work until Tenant delivers to Landlord written notice of the HVAC need therefor, or plumbing system serving the Premises, Building and Common Areas; (iii2) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) for alterations to the Common Areas or the Building’s Structure required by any applicable Law (including, without limitation, the Americans with Disabilities Act of 1990 (“ADA”)because of Tenant’s specific use of the Building Premises (which alterations shall be performed by Tenant at Tenant’s sole cost and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Partiesexpense). The term “walls” as used herein shall Building’s Structure does not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified all of which shall be maintained by Landlord in writingTenant at Tenant’s sole cost and expense. FurtherIn addition, Landlord shall maintain, be responsible (at Landlord’s sole expense) for the repair and repaint maintenance of all Improvements constructed by Landlord pursuant to Exhibit “B” attached hereto (excluding the maintenance required of Tenant pursuant to Section 4.(c) below) provided that written notice of the need for such repair or maintenance is given within one (1) year after the Commencement Date, so long as the damage requiring repair is not caused by Tenant, its employees, agents, contractors or invitees. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of performing such work. (b) Landlord shall maintain the parking areas, driveways, alleys and grounds surrounding the Premises in a clean and sanitary condition, including, without limitation, maintenance, repairs and replacements of (i) any drill or spur track servicing the Premises, (ii) the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building (including painting), (iii) sprinkler systems and sewage lines (unless they are the responsibility of the utility provider), (iv) water lines and electrical systems to the extent they are situated outside the Premises (unless the responsibility of the utility provider), and (v) any other items normally associated with the foregoing. Tenant shall repair or replace, as necessary applicable, and pay for any damage caused to maintain safety such parking areas, driveways, alleys and aesthetic standardsgrounds by a Tenant Party (defined below) (c) On or before the Commencement Date, Landlord shall deliver the heating, air condition, and ventilation equipment and system (the “HVAC System”) and other Building systems serving the Premises in good repair and working order. Landlord shall at its sole cost and expense, make all repairs to such systems for the twelve (12) month period following the Commencement Date (but not maintenance, which is Tenant’s obligation), so long as: (i) Tenant has maintained the Service Contract (as defined in Section 5.(b)) and performed the maintenance recommended by the equipment manufacturer (but not repair, which is Landlord’s obligation); and (ii) the damage requiring repair was not caused by Tenant, its employees, agents, contractors or invitees. (d) The cost of the performance of performing Landlord’s maintenance and repair obligations shall be an Operating Expense (except to the limited extent any such cost is specifically excluded from being an Operating Expense pursuant to this Section 9.1 shall be a Premises Operating Expense2.(c) above). (e) Landlord shall, a subject to force majeure, make available to the point of connection to the Building Operating Expense or a Project Operating Expenseall facilities for water, as applicable. All repairs electricity, sewerage, and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionstelephone.

LANDLORD'S MAINTENANCE. Landlord shall maintain (a) This Lease is intended to be a PARTIAL not lease; accordingly, Landlord's maintenance obligations are limited to the replacement of the Building's roof and repair (i) maintenance of the roof, foundation and the structural soundness members of the exterior walls (collectively, the "BUILDING'S STRUCTURE"); however, Landlord shall not be responsible (i) for any such work until Tenant delivers to Landlord written notice of the Building in good condition, reasonable wear and tear excepted; need therefor or (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts for alterations to the Building's Structure required by Law because of Tenant's use of the HVAC or plumbing system serving the Premises, Building and Common Areas; Premises (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to which alterations shall be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely performed by the negligence of willful misconduct of Landlord or Landlord’s PartiesTenant). The term “walls” as used herein shall Building's Structure does not include PREMISES skylights, windows, glass or plate glass, doors, special store fronts or office entries, unless all of which shall be maintained by Tenant AS PART OF THE PREMISES. Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of performing such work(INCLUDING ANY MATERIALS AND LABOR). (b) FOLLOWING 10 DAYS' NOTICE AND OPPORTUNITY TO CURE, Landlord may perform Tenant's maintenance, repair and replacement obligations and any other items that are otherwise specified Tenant's obligations under Paragraph 8, in which event Tenant shall pay to Landlord any cost incurred by Landlord in writing. Furtherperforming such obligations, Landlord shall maintaintogether with FIVE percent (5%) thereof to cover Landlord's overhead, repair and repaint the exterior wallswithin FIFTEEN (15) days after Landlord's request therefor. (c) IN ADDITION TO THE OBLIGATIONS SET FORTH HEREINABOVE, overhead doorsLANDLORD SHALL AGREE TO PERFORM ALL WORK CALLED FOR UNDER EXHIBIT C, canopiesPARAGRAPH 3, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsSUBSECTIONS (a) THROUGH (j)TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS.

LANDLORD'S MAINTENANCE. Subject to the provisions of Articles 4 and 14, Landlord shall maintain and repair (i) make necessary repairs to the roofBuilding systems, foundation including the electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and the structural soundness fire and life safety systems ; the Building structure (e.g. foundations, roof structure, load bearing walls), exterior walls (including windows, glazing, and curtain wall); the roof membrane; and Project landscaping, sidewalks, utilities located outside of the exterior walls of the Building in good condition, reasonable wear Premises and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) except that the cost of performing any of said maintenance or repairs whether to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages Premises or to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windowsbe liable to Tenant for any expense, glass injury, loss or plate glassdamage resulting from work done in or upon, doorsor in connection with the use of, special store fronts any adjacent or office entriesnearby building, unless otherwise specified by Landlord in writing. Furtherland, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts street or alley outside of the Building as necessary to maintain safety and aesthetic standardsProject. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 8.1 shall be a Premises included in Operating ExpenseExpenses to the extent permitted in the definition of Operating Expenses pursuant to Section 1.3 above. Notwithstanding any provision set forth in the Lease to the contrary, a Building Operating Expense if (i) Tenant provides prior written notice to Landlord of an event or a Project Operating Expense, as applicable. All repairs and replacements required circumstance which requires the action of Landlord with respect to its maintenance obligations under this Section 8.1, (ii) Landlord is, in fact, required to perform such repairs and/or maintenance, (iii) Landlord fails to commence such action within ten (10) business days after the receipt of such notice; provided, however, for purposes of this paragraph to “commence” shall include any steps taken by Landlord to design, consult, bid or seek permit or other governmental approval in connection with the necessary repairs or maintenance, and (iv) Landlord’s failure to take such action materially and adversely affects Tenant’s use and/or occupancy of the Premises, then Tenant may proceed to take the required action after delivery of an additional five (5) business days notice to Landlord specifying that the ten (10) business day period has expired, the specific action required and that Tenant intends to take or commence such required action. If such action is required under the terms of this Lease to be taken by Landlord and is not taken by Landlord within such ten (10) business day period, then Tenant shall be promptly made with new materials entitled to take such action (and only such action as specified in the ten (10) business day notice given to Landlord). In the event Tenant takes such action, and such work affects the Building systems or structure, then Tenant shall use only those contractors approved by Landlord in the Building for work on such systems or structure unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of like kind any other qualified contractor which normally and quality and regularly performs similar work in other first class office buildings in the greater San Francisco Bay Area. If such action properly taken by Tenant pursuant to this Section 8.1 was required under the terms of this Lease to be undertaken by Landlord, then Tenant shall be performed entitled to, within thirty (30) days following delivery of a reasonably particularized invoice, reimbursement by Landlord of Tenant’s actual reasonable costs in taking such action; provided, however such costs may be included in Operating Expenses subject to the express limitations thereof. For the avoidance of doubt, any notice by Tenant pursuant to this Article 8 must be provided in accordance with all applicable Laws and Private Restrictionsthe requirements of Article 24.

LANDLORD'S MAINTENANCE. Landlord shall maintain (a) This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations are limited to the repair, maintenance and repair (i) replacement of the roofCommon Areas and Building’s roof and maintenance of the foundation piers, foundation structural or load bearing walls and the structural soundness of the exterior walls (collectively, the “Building’s Structure”) however, Landlord shall not be responsible (1) for any such work until Tenant delivers to Landlord written notice of the Building in good condition, reasonable wear and tear excepted; need therefor or (ii2) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts for alterations to the Building’s Structure required by Law because of Tenant’s use of the HVAC or plumbing system serving the Premises, Building and Common Areas; Premises (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to which alterations shall be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely performed by the negligence of willful misconduct of Landlord or Landlord’s PartiesTenant). The term “walls” as used herein shall Building’s Structure does not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified all of which shall be maintained by Tenant to the extent constituting a part of the Premises. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of performing such work. (b) Additionally, subject to Tenant’s right to self-manage the Building as provided in writing. FurtherSection 40, Landlord shall maintainmaintain the parking areas, repair driveways, alleys and repaint grounds surrounding the Project in a clean and sanitary condition, consistent with the operation of a first-class office/warehouse building, including prompt maintenance, repairs and replacements of (1) any drill or spur track servicing the Premises, (2) the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary (including painting), (3) sprinkler systems and sewage lines, and (4) any other items normally associated with the foregoing. Tenant shall promptly notify Landlord of any work required to maintain safety be performed under this Section 4.(b), and aesthetic standardsLandlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice. The cost All costs in performing the work described in this Section 4.(b) shall be included in Operating Expenses, except for any capital replacements specifically excluded in Section 2.(c). (c) If Landlord fails to perform its obligations with respect to the maintenance of the performance Building’s Structure as provided in Section 4.(a) and, as a result of such failure, an emergency situation exists which could reasonably result in serious bodily harm to the occupants of the Premises or significant, material damage to the Project or to the contents within the Premises or a material interruption to Tenant’s business in the Premises (each, an “Emergency”), Tenant shall give Landlord immediate written notice thereof and Tenant may, at any time thereafter at its expense (subject to reimbursement by Landlord if Landlord fails to correct the condition causing such emergency within the time period described below), perform Landlord’s obligations pursuant hereunder so long as such work is done in a good and workmanlike manner and does not impair or otherwise invalidate any warranties covering the Project. If (1) Landlord fails to correct the condition causing the Emergency, (2) such failure continues for a period of seven business days after the date Tenant delivers to Landlord written notice thereof (unless such failure cannot be cured within such seven-day period, and Landlord commences to cure such failure within such seven-day period and thereafter diligently pursues such cure completion), and (3) Tenant elects to perform such work and such work is done in a good and workmanlike manner and does not impair or otherwise invalidate any warranties covering the Project, then Landlord shall reimburse Tenant all reasonable, out-of-pocket expenses incurred by Tenant in connection with curing such Landlord’s failure within 30 days after Tenant has delivered to Landlord an invoice, together with reasonable back-up documentation therefor and, if requested by Landlord, receipts, bills paid affidavits, and appropriate releases of liens, failing which default interest shall accrue thereon from the date due until the date paid at the Default Rate. If the Emergency is caused by a Casualty (defined below) or a Taking (defined below), then the provisions of this Section 9.1 4.(c) shall not be a Premises Operating Expenseapplicable thereto; rather, a Building Operating Expense or a Project Operating Expense, the provisions of Sections 10 and 15 (as applicable. All repairs and replacements required of Landlord the case may be) shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsapply.

LANDLORD'S MAINTENANCE. Landlord shall maintain (a) This Lease is intended to be a net lease; accordingly, Landlord's maintenance obligations are limited to the repair and repair (ireplacement of the Building's roof as provided in Section 4.(b) and maintenance of the roof, foundation and the structural soundness members of the exterior walls walls; however, subject to Section 4.(b) Landlord shall not be responsible (1) for any such work until Tenant delivers to Landlord written notice of the Building in good condition, reasonable wear need therefor and tear excepted; Landlord agrees such work is necessary or (ii2) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts for alterations to the Building's Structure required by Law because of Tenant's use of the HVAC or plumbing system serving the Premises, Building and Common Areas; Premises (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to which alterations shall be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely performed by the negligence of willful misconduct of Landlord or Landlord’s PartiesTenant). The term “walls” as used herein shall Building's Structure does not include skylights, windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified all of which shall be maintained by Tenant. Subject to Section 11.(a), Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of performing such work. (b) Landlord shall repair and maintain the Building's roof throughout the term of this Lease. Landlord shall complete replacement of the roof during the first half of the fourth year of the term of this Lease or earlier if, despite repeated repair, leaks or instability in writingthe roof pose a risk to the safety and security of Tenant's employees and business invitees and/or personal property or repeated repairs unduly interfere with Tenant's business operations ("NEED"); provided, however, that in the event a reputable third party engineer who is mutually agreed upon by both Landlord and Tenant certifies the Need for roof replacement prior to the commencement of the first half of the fourth year of the term of this Lease, then Landlord shall commence replacement of the roof within thirty (30) days of receipt of such third party engineer's report. FurtherLandlord's approval of the third party engineer shall not be unreasonably withheld, delayed, or conditioned, and Landlord shall reimburse Tenant for its costs incurred in connection with the third party engineer. To the extent possible, Landlord shall maintainrepair and replace the roof with minimal interference with Tenant's business operations. (c) If (1) Tenant fails to commence any of Tenant's maintenance, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and replacement obligations or any other exposed parts items that are Tenant's obligation pursuant to Section 5 within fifteen business days after receipt of written notice by Landlord of the Building as necessary occurrence of damage or the need for repair and thereafter diligently to maintain safety and aesthetic standardspursue the completion thereof or (2) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 60 days of receipt of notice, then Landlord shall make the same at Tenant's cost. If any such damage is considered an emergency, in Landlord's sole determination then Landlord may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of the performance of Landlord’s obligations pursuant to all replacement or repair work performed by Landlord under this Section 9.1 4.(c) shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of paid by Tenant to Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionswithin 10 business days after Tenant receives Landlord's invoice.

LANDLORD'S MAINTENANCE. Subject to the provisions of Articles 4 and 14, Landlord shall maintain and repair make necessary repairs to the Building structure (i) the roofe.g. foundations, foundation roof structure, load bearing walls), exterior walls (including windows, glazing, and the structural soundness curtain wall), roof membrane, and Project landscaping, sidewalks, utilities located outside of the exterior walls of the Building in good condition, reasonable wear Premises and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) except that the cost of performing any of said maintenance or repairs whether to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages Premises or to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windowsbe liable to Tenant for any expense, glass injury, loss or plate glassdamage resulting from work done in or upon, doorsor in connection with the use of, special store fronts any adjacent or office entriesnearby building, unless otherwise specified by Landlord in writing. Furtherland, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts street or alley outside of the Building as necessary to maintain safety and aesthetic standardsProject. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 8.1 shall be a Premises included in Operating ExpenseExpenses to the extent permitted in the definition of Operating Expenses pursuant to Section 1.3 above. Notwithstanding any provision set forth in the Lease to the contrary, a Building Operating Expense if (i) Tenant provides prior written notice to Landlord of an event or a Project Operating Expense, as applicable. All repairs and replacements required circumstance which requires the action of Landlord with respect to its maintenance obligations under this Section 8.1, (ii) Landlord is, in fact, required to perform such repairs and/or maintenance, (iii) Landlord fails to commence such action within ten (10) business days after the receipt of such notice; provided, however, for purposes of this paragraph to “commence” shall include any steps taken by Landlord to design, consult, bid or seek permit or other governmental approval in connection with the necessary repairs or maintenance, and (iv) Landlord’s failure to take such action materially and adversely affects Tenant’s use and/or occupancy of the Premises, then Tenant may proceed to take the required action after delivery of an additional five (5) business days notice to Landlord specifying that the ten (10) business day period has expired, the specific action required and that Tenant intends to take or commence such required action. If such action is required under the terms of this Lease to be taken by Landlord and is not taken by Landlord within such ten (10) business day period, then Tenant shall be promptly made with new materials entitled to take such action (and only such action as specified in the ten (10) business day notice given to Landlord). In the event Tenant takes such action, and such work affects the Building structure, then Tenant shall use only those contractors approved by Landlord in the Building for work on such structure unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of like kind any other qualified contractor which normally and quality and regularly performs similar work in other first class office buildings in the greater San Francisco Bay Area. If such action properly taken by Tenant pursuant to this Section 8.1 was required under the terms of this Lease to be undertaken by Landlord, then Tenant shall be performed entitled to, within thirty (30) days following delivery of a reasonably particularized invoice, reimbursement by Landlord of Tenant’s actual reasonable costs in taking such action; provided, however such costs may be included in Operating Expenses subject to the express limitations thereof. For the avoidance of doubt, any notice by Tenant pursuant to this Article 8 must be provided in accordance with all applicable Laws and Private Restrictionsthe requirements of Article 24.

LANDLORD'S MAINTENANCE. (a) Landlord shall, at its sole cost and expense, keep and maintain the structural elements of the Leased Premises, which shall be deemed to include the roof, joists, columns, footings, foundation, exterior walls (but not exterior windows and doors and their frames), the structural elements of the loading dock and receiving area, and the structural elements the Building of which the Leased Premises are a part, in good order and repair, except for loss by fire or other casualty, which loss is covered by Article 7 of this Lease. (b) Landlord shall maintain perform all exterior painting (at such intervals as Landlord deems appropriate) and repair landscaping, and shall perform necessary maintenance, repairs and replacements to the sprinkler system serving the Building, and the common elements of the Real Estate and the improvements and mechanical equipment thereon, including exterior windows and doors and their frames, vehicle parking and other exterior common areas, common areas within the Building (e.g. corridors, stairways, common rest room facilities, entrances, etc.), common roadways, service areas, driveways, areas of ingress and egress, sidewalks and other pedestrian ways, landscaped areas, utility systems serving the common areas and the like, but shall not include the Premises (but shall include utility lines serving the Premises to the point of connection to the Leased Premises), and the HVAC systems serving the Building (including the Leased Premises). Except as provided in subsection 9.0(a) and in Article 7 hereof, Tenant shall pay to Landlord Tenant’s Pro Rata Share of the cost and expense incurred by Landlord in fulfilling its obligations under this subsection 9.0(b) (“Common Area Maintenance Charges”). Such payment shall be additional Rent hereunder and shall be paid to Landlord within thirty (30) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments in amounts estimated by Landlord. If Landlord elects that Tenant shall pay in estimated monthly installments, Landlord shall reasonably estimate in advance the amount of the Common Area Maintenance Charges for any full or partial calendar year, and Tenant shall pay Landlord one twelfth (1/12th) of such estimate on the first day of each month during such year. Such estimate may be revised by Landlord from time to time during the Term whenever it obtains information relevant to making such estimate more accurate and the monthly amount due from Tenant shall be adjusted accordingly in order to provide for the full payment by Tenant during the relevant calendar year of Landlord’s estimate of the Common Area Maintenance Charges applicable to such calendar year. On or before the date which is sixty (60) days after the end of each calendar year (all or a part of which occurred during the Term), Landlord shall deliver to Tenant a report setting forth the actual Common Area Maintenance Charges for such calendar year, the amount that Tenant has actually paid, and Landlord’s estimate of the Common Area Maintenance Charges for the then current calendar year. If the report shows that Tenant’s estimated payments of the Common Area Maintenance Charges were less than Tenant’s actual obligations for same, then within thirty (30) days after receipt of such report, Tenant shall pay to Landlord such difference. If the report shows an increase in Tenant’s estimated payments of Common Area Maintenance Charges for the then current calendar year, Tenant shall pay the difference between the new and former estimates, for the period from January 1 of the current calendar year through the month in which the report is sent, within thirty (30) days after Tenant’s receipt of the report. If Tenant’s estimated payments of the Common Area Maintenance Charges exceed the amount due Landlord for such calendar year, Landlord shall apply such excess as a credit against Rent next becoming due under this Lease or, if the Term has already expired and provided Tenant is not then in default hereunder, promptly refund such excess to Tenant, in either case without interest to Tenant. Common Area Maintenance Charges shall not include: (i) the roof, foundation and the structural soundness any management fee or an administrative fee in excess of three percent (3%) of the exterior walls of gross rents received from the operation of the Building in good condition, reasonable wear and tear exceptedduring any calendar year; (ii) all plumbing costs and sewage facilities expenses of a capital nature, including original or new construction or installation or any capital investments or improvements (including all sinksprovided, toiletshowever, faucets and drains)that notwithstanding the foregoing, and all ducts, pipes, vents capital expenditures: (a) for the resurfacing of parking areas; (b) made or other parts installed for the purpose of reducing the Common Area Maintenance Charges; or (c) made or installed pursuant to any Applicable Law or insurance requirement not applicable to the Real Estate as of the HVAC or plumbing system serving the PremisesEffective Date, Building and amortized on a straight line basis over their useful life, may be included within Common AreasArea Maintenance Charges); (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areasany cost or expense for which Landlord is reimbursed by other parties; (iv) costs and expenses incurred to the Common Areas of extent that the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washingsame are attributable to Landlord’s gross negligence or willful misconduct; (v) to costs in the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit Bnature of fines or penalties; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving wages of Landlord’s employees (except to the server room, laboratories and IDF room extent they are reasonably attributable to Landlord’s fulfillment of its obligations hereunder but specifically excluding any general accounting or overhead costs incurred by Landlord in connection the Premisesfulfillment of its obligations hereunder) or any leased or contracted employees of any outside administrative or management company for persons above the grade of Building Manger; and (vii) any damages to costs which would have been reimbursed or paid for by insurance proceeds had Landlord maintained the Premises, Building insurance required under this Lease; (viii) damage awards (or Common Areas caused solely settlement payments) or other costs paid by the negligence of willful misconduct of Landlord or landlord arising form Landlord’s Partiesbreach of contract or tortious acts and penalties; (ix) reserves for anticipated future expenses; or (x) any cost or expense paid for services, supplies or repairs, to any related entity in excess of costs that would be payable in an “arm’s length” or unrelated situation for comparable services, supplies or repairs. The term “wallscapital expenditure” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord mean an capital expenditures as defined in writing. Further, accordance with generally accepted accounting principals. (c) Landlord shall maintainrepair or replace any damage to the Real Estate, repair and repaint including, without limitation, damage to the roof, landscaping, or exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary building of which the Leased Premises are a part, and to maintain safety truck dock doors caused by or resulting from any negligent act or omission of Tenant, its agents, employees, contractors, customers and aesthetic standardsinvitees. The cost of the performance of Tenant shall reimburse Landlord for Landlord’s obligations costs and expenses incurred for repairs or replacements made pursuant to this subsection 9.0(c), within thirty (30) days after Landlord bills Tenant therefor; provided, however, this Section 9.1 9.0(c) shall be a Premises Operating Expensesubject to Section 6.2 (Mutual Waiver of Subrogation Rights). (d) Any such maintenance, a Building Operating Expense repair or a Project Operating Expense, as applicable. All repairs and replacements required of replacement by Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance such manner as will minimize interference with all applicable Laws Tenant’s business operations (e) Landlord shall remove snow accumulations from the roof (if deemed necessary by Landlord) and Private Restrictionsfrom the parking lot. Tenant shall pay Tenant’s Pro Rata share of Landlord’s cost of such snow removal.

LANDLORD'S MAINTENANCE. (a) Landlord shall maintain perform all maintenance, repairs and replacements of the roof (excluding any maintenance, repair or replacement to the skylights installed by Tenant), the utility lines (as the same may be upgraded by Tenant) leading to the Leased Premises up to the point of entry and the exterior and structural components of the Leased Premises (unless caused by Tenant’s use of or alterations to the Leased Premises). Tenant shall pay to Landlord Tenant’s Pro Rata Share of the costs and expenses incurred by Landlord in fulfilling its obligations under this Section 9.1 pursuant to the reimbursement provisions set forth in Section 14.2 below, except that, subject to Section 6.1(d) hereof, if the necessity for any such maintenance, repairs or replacements results from any act or omission or negligence of Tenant, its agents, employees, contractors, customers or invitees, Tenant shall pay to Landlord all of the costs and expenses incurred by Landlord in performing such work. Such payment shall be additional rent hereunder and shall be paid to Landlord within thirty (30) days after Landlord bills Tenant therefor. (b) Notwithstanding the provisions of Paragraph (a) above, Landlord shall not be obligated to repair the following: (i) the roofexterior or interior of any doors, foundation windows and plate glass surrounding the structural soundness of the exterior walls of the Building in good condition, reasonable wear and tear exceptedLeased Premises; (ii) all plumbing and sewage facilities (including all sinksheating, toilets, faucets and drains), and all ducts, pipes, vents ventilating or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all air-conditioning equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Leased Premises; and (viiiii) damage to Tenant’s improvements or personal property caused by any damages casualty, burglary, break-in, vandalism, war or act of God. Landlord shall, in any event, have ten (10) days after notice from Tenant stating the need for repairs to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, commence such repairs (unless otherwise specified by Landlord an emergency in writing. Further, which event Landlord shall maintainproceed forthwith), repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made thereafter proceed with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsdue diligence to complete same.

LANDLORD'S MAINTENANCE. Landlord (a) Landlord's shall maintain and repair (i) the Building, including the roof, the foundation piers and the structural soundness members of the exterior walls (collectively the "Building's Structure") and the plumbing, hot water equipment and the -------------------- heating, air conditioning and ventilating equipment ("HVAC System"); however, Landlord shall not be responsible for any such work until Tenant delivers to Landlord written notice of the need therefor, except that in the case of an emergency oral notice shall be considered adequate notice. Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord is responsible hereunder shall be limited to the cost of performing such work. All costs of performing the work described in this section 4(a) (other than repairs of the Building's Structure) shall be included in Operating Expenses. (b) Additionally, Landlord shall, maintain the parking areas, driveways, alleys and grounds located on the Land in accordance with Law and in a clean and sanitary condition, consistent with the operation of a first-class garden office building, including prompt maintenance, repairs and replacements of (1) any drill or spur tract servicing the Building, (2) the exterior of the Building in good condition(including painting), reasonable wear and tear excepted; (ii3) all plumbing sprinkler systems and sewage facilities lines, and (including all sinks, toilets, faucets and drains4) any other items normally associated with the foregoing. Tenant shall promptly notify Landlord of any work required to be performed under this Section 4.(b), and all ductsLandlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice, pipesexcept that in the case of an emergency oral notice shall be adequate notice. All costs in performing the work described in this Section 4.(b) shall be included in Operating Expenses. (c) Landlord will not cause any waste related to the Building or the land, vents nor will Landlord perform any activities which constitute a nuisance to occur in, on or other parts of around the HVAC Building or plumbing system serving the Premises, Building Land. Landlord shall manage and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of operate the Building and the Land in a prudent businesslike manner. Landlord will not permit the Building or any part of it and the Land to be used for any purpose which increases the insurance premiums of Tenant or Landlord. If such increased cost are caused by Landlord, then such increase shall not be considered an Operating Expense to be paid by Tenant. LGH 3/22/00 (d) Additionally, Landlord shall maintain any private entry drives, the detention ponds, and other common areas for the Project as shown in the cross-hatched area on Exhibit A-1, or otherwise added from time to time. The Building's Proportionate Share of all costs in performing the work (and paying taxes on some portions of the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.14(d) shall be included in Operating Expenses, subject to the applicable provisions of Section 2(b) hereof. As used herein, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving term "Building's Proportionate Share" shall mean a fraction which is determined by dividing the server room, laboratories and IDF room number of square feet contained in the Premises; and Building (vii117,314) any damages to the Premises, Building or Common Areas caused solely by the negligence number of willful misconduct square feet then contained in the Project. Currently there are no other Buildings in the Project, and therefore the initial Building's Proportionate Share is 100%. As Additional square footage in the Project is completed and ready for occupancy, the number of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord square feet in writing. Further, Landlord shall maintain, repair the Project will increase and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall Building's Proportionate Share will be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsadjusted accordingly.

LANDLORD'S MAINTENANCE. Landlord shall maintain (a) This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations are limited to maintenance and repair (i) replacement of the Building’s roof, the foundation piers and the structural soundness members of the exterior walls (collectively, the “Building Structure”); however, Landlord shall not be responsible for alterations to the Building Structure required by Law because of Tenant’s use of the Building in good condition, reasonable wear and tear excepted; Premises (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drainswhich alterations shall be performed by Tenant), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall Building Structure does not include skylights, windows, glass or plate glass, doors, special store fronts storefronts or office entries, unless otherwise specified all of which shall be maintained by Tenant. (b) Additionally, Landlord shall, maintain the parking areas, driveways, alleys and grounds located on the Land in writinga clean and sanitary condition, consistent with the operation of a first-class office/warehouse building, including prompt maintenance, repairs and replacements of (1) any drill or spur tract servicing the Premises, (2) the exterior of the Building (including painting), (3) irrigation systems and sewage lines, and (4) any other items normally associated with the foregoing. FurtherAdditionally, Landlord shall maintainmaintain any private entry drives, repair and repaint the exterior wallsany detention ponds, overhead doors, canopies, entries, handrails, gutters and other exposed parts common areas for the Project. Tenant shall promptly notify Landlord of any work required to be performed under this Section 4. All costs in performing the work described in this Section 4(b) shall be included in Operating Expenses, subject to the applicable provisions of Section 2(b) hereof. (c) Additionally, Landlord shall maintain any private entry drives, the detention ponds, and other common areas for the Project as shown on Exhibit A-1. The Building’s Proportionate Share of all costs in performing the work described in this Section 4(c) shall be included in Operating Expenses, subject to the applicable provisions of Section 2(b) hereof. As used herein, the term “Building’s Proportionate Share” shall mean a fraction which is determined by dividing the number of square feet contained in the Building as necessary to maintain safety (56,423) by the number of square feet then contained in the Project. Currently there are 261,582 square feet in the Project, and aesthetic standardstherefore the initial Building’s Proportionate Share is 21.57%. The cost As additional square footage in the Project is completed and becomes ready for occupancy, the number of square feet in the performance of LandlordProject will increase and the Building’s obligations pursuant to this Section 9.1 shall Proportionate Share will be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsadjusted accordingly.

LANDLORD'S MAINTENANCE. Landlord shall maintain agrees to keep in good order, condition and repair (i) the rooffoundations, foundation and the structural soundness of the exterior walls and roof of the Building in good condition(but excluding the exterior and interior of all windows, doors, and plate glass of the Premises) and, subject to the provisions of this Section 9.3 hereof, the common areas, except for reasonable wear and tear exceptedand except for any damage thereto, caused by any act or negligence of Tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord shall not be obligated to repair or maintain any structure or facility except as provided in this Section. Landlord shall not be responsible for light bulb or ballast replacement. Landlord shall not be obligated to provide any maintenance or to make any repairs when such maintenance or repair is made necessary because of the negligence or misuse of Tenant, Tenant’s agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord shall have no responsibility or liability for failure to supply any maintenance or to make any repairs when prevented from doing so by any cause beyond Landlord’s control. Landlord shall not be obligated to inspect the Premises and shall not be obligated to make any repairs or perform any maintenance hereunder other than as specifically required hereby and unless first notified of the need thereof in writing by Tenant. If Landlord fails to commence such repairs or maintenance within twenty (20) days after said notice, Tenant’s sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance at Landlord’s expense; provided, however, that the amount of such costs not exceed the reasonable value of such repairs or maintenance; and provided further, that if the Premises is uninhabitable as a result of Landlord’s failure to commence required repairs or maintenance, rent will be abated until the Premises is once again habitable (ii) whether due to Landlord’s repairs or Tenant’s). Tenant hereby waives all plumbing and sewage facilities (including all sinksrights to make repairs at the expense of Landlord as provided by any law, toilets, faucets and drains), and all ducts, pipes, vents statute or ordinance now or hereafter in effect. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other parts of persons, which may be caused by the HVAC Building or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixturesor any appurtenances thereto, lampsbeing out of repair or by bursting or leakage of any water, bulbsgas, tubessewer or steam pipe, fanswhether or not it is the obligation of Landlord to repair the same, ventsby theft, exhaust equipment and systems) serving the Premisesby fire, Building and the Common Areas; (iv) the Common Areas oil or electricity, by any actor neglect of any tenant or occupant of the Building and the ProjectBuilding, including but not limited toor of any other person, mowing grass and all general landscapingor by any other cause of whatsoever nature, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas unless caused solely by the gross negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. Landlord shall maintain at its sole cost and repair (i) expense the roof, foundation and the structural soundness of the exterior walls and foundation of the Building Leased Premises in good operable repair and condition, reasonable wear and tear and damage by any casualty pursuant to Section 6.03 of this Lease excepted. Tenant shall immediately give Landlord written notice of defects or repairs of items required to be maintained by Landlord under this Article IV, after which Landlord shall, with reasonable promptness, commence and complete the necessary repairs. If Landlord has not completed the repairs within thirty (30) days after notice from Tenant, or if the nature of the repair is such that it cannot reasonably be completed in thirty (30) days, unless Landlord has within such thirty-day period commenced the repair and is diligently pursuing the same to completion, Tenant may, at its option, undertake the repairs itself. In that event, Landlord shall reimburse Tenant for the reasonable cost of such repairs within thirty (30) days after receipt of a statement therefor accompanied by receipted bills and other detail sufficient to allow verification of amounts reflected on the statement. If Landlord fails to make such payment within the thirty-day period, the amount due Tenant shall bear interest at twelve percent (12%) per annum. Notwithstanding the foregoing, if in Tenant's reasonable judgment, a bona fide emergency exists, if Landlord has not made the necessary repairs within 72 hours after written notice from Tenant, Tenant may, at its option, undertake such repairs and recover the reasonable cost thereof as hereinabove provided. Landlord shall not be liable to Tenant for any damage to Tenant's Property in the Leased Premises or Project; (ii) all plumbing provided, however, if by reason of Landlord's failure to repair and sewage facilities (including all sinks, toilets, faucets and drainsmaintain the Leased Premises as provided in this Section 4.01(a), there is a material interference with the ordinary conduct of Tenant's business, Tenant shall be entitled to a fair and all ducts, pipes, vents or other parts equitable diminution of the HVAC or plumbing system serving Base Rental payable hereunder, based on the Premises, Building extent and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving nature of the Premises, Building interference and the Common Areas; (iv) the Common Areas portion of the Building and Leased Premises so affected. The period of the Projectdiminution shall continue until the interference has been substantially removed. Unless otherwise expressly provided in this Lease, including but Landlord shall not limited be required to maintain, or make any repairs to, mowing grass and the Leased Premises. Subject to the provisions of Section 3.01(b) hereof, Landlord shall also maintain all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control concrete and window washing; paving including driveway and parking area surfaces (v) subject, however, to the extent not otherwise described in limitations of Section 4.01(b) of this Section 9.1Lease), the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters pedestrian walks and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsCommon Area.

LANDLORD'S MAINTENANCE. (a) This Lease is intended by Landlord shall maintain and repair (i) Tenant to be a net lease; accordingly, Landlord's maintenance obligations are limited to the roof, replacement of the Building's roof and maintenance of the foundation and the structural soundness members of the exterior walls and load bearing columns within the Premises (collectively, the "BUILDING'S STRUCTURE"); however, Landlord shall not be responsible (1) for any such work until Tenant delivers to Landlord written notice of the Building in good conditionneed therefor, reasonable wear and tear excepted; or (ii2) all plumbing and sewage facilities for alterations to the Building's Structure required by any applicable Law (including all sinksincluding, toiletswithout limitation, faucets and drains), and all ducts, pipes, vents or other parts the Americans with Disabilities Act of 1990) because of Tenant's use of the HVAC or plumbing system serving the Premises, Building Premises (which alterations shall be performed by Tenant at Tenant's sole cost and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Partiesexpense). The term “walls” as used herein shall Building's Structure does not include skylights, windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified all of which shall be maintained by Tenant at Tenant's sole cost and expense. Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord in writingis responsible hereunder shall be limited to the cost of performing such work. Further, Landlord shall maintainperform all maintenance work hereunder as expeditiously as reasonably practicable (without overtime or premium time labor) and shall make commercially reasonable efforts to minimize any interference with Tenant's use. (b) Landlord shall maintain the parking areas, repair driveways, alleys and repaint grounds surrounding the Premises in a clean and sanitary condition, including, without limitation, maintenance, repairs and replacements of (i) any drill or spur track servicing the Premises, (ii) the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building (including painting), (iii) sprinkler systems and sewage lines, and (iv) any other items normally associated with the foregoing. Tenant shall repair or replace, as necessary applicable, and pay for any damage caused to maintain safety such parking areas, driveways, alleys and aesthetic standards. grounds by a Tenant Party (as defined in Section 23.(a) below) or caused by Tenant's default hereunder. (c) The cost of performing Landlord's maintenance and repair obligations shall be an Operating Expense (except to the performance of Landlord’s obligations limited extent any such cost is specifically excluded from being an Operating Expense pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions2.(c) above).

LANDLORD'S MAINTENANCE. (a) Landlord shall maintain and replace if necessary the Building's roof and shall maintain in good condition the Systems (as defined below) foundation and structural members of the exterior walls and load bearing columns within the Premises (collectively, the "Building's Structure"); however, Landlord shall not be responsible for alterations to the Building's Structure required by any applicable Law (including, without limitation, the Americans with Disabilities Act of 1990) because of Tenant's use of the Premises (which alterations shall be performed by Tenant at Tenant's sole cost and expense). (b) Landlord shall maintain the parking areas, driveways, alleys and grounds surrounding the Premises and all other common areas and other non-demised portions of the Building in a clean and sanitary condition, including, without limitation, maintenance, repairs and replacements of (i) any drill or spur track servicing the Premises, (ii) the exterior of the Building (including painting), (iii) sprinkler systems and sewage lines, and (iv) any other items normally associated with the foregoing. Tenant shall repair or replace, as applicable, and pay for any damage caused to such parking areas, driveways, alleys and grounds by a Tenant Party (defined below) or caused by Tenant's default hereunder. (c) Landlord shall deliver the Premises to Tenant with all mechanical and electrical systems (including HVAC systems) in and serving the Premises in good and working condition (collectively, the "Systems"). Landlord shall maintain and repair (i) the roof, foundation and Systems so as to keep the structural soundness same in good working order throughout the Term of the exterior walls Lease. (d) In the event that Landlord fails to complete any of the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in its obligations under this Section 9.14 within twenty (20) days after receipt of written notice from Tenant, then Tenant shall have the Landlord’s Work right to be constructed pursuant perform such obligations and to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving deduct the server room, laboratories and IDF room in costs incurred therein from the Premises; and (vii) any damages to Monthly Base Rent next accruing under the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private RestrictionsLease.

LANDLORD'S MAINTENANCE. (a) Landlord shall, at its sole cost and expense, keep and maintain the roof and exterior walls (but not exterior windows and doors and their frames) of the building of which the Leased Premises are a part, in good order and repair, except for loss by fire or other casualty, which loss is covered by Article VII of this Lease. (b) Landlord shall maintain perform all exterior painting (at such intervals as Landlord deems appropriate) and shall remove snow accumulations from the roof (if deemed necessary by Landlord), and from the parking lot, and shall perform necessary maintenance, repairs and replacements to the exterior windows and doors and their frames and on portions of the Real Estate and the improvements and mechanical equipment thereon (including the parking lot and landscaping) used in common by the tenants thereof. Except as provided in subsection 9.0(a) and in Article VII hereof, Tenant shall pay to Landlord Tenant's Pro Rata Share of the cost and expense incurred by Landlord in fulfilling its obligations under this subsection 9.0(b). Such payment shall be additional rent hereunder and shall be paid to Landlord within ten (10) days after Landlord bills Tenant therefor or, at Landlord's election, in monthly installments in amounts estimated by Landlord. (c) Landlord shall repair (i) or replace any damage to the Real Estate, including, without limitation, damage to the roof, foundation and the structural soundness landscaping, or exterior of the exterior walls building of which the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains)Leased Premises are a part, and all ducts, pipes, vents to truck dock doors caused by or other parts of the HVAC resulting from any act or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building omission or Common Areas caused solely by the negligence of willful misconduct of Tenant, its agents, employees, contractors, customers and invitees. Tenant shall reimburse Landlord for Landlord's costs and expenses incurred for repairs or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations replacements made pursuant to this Section 9.1 shall be a Premises Operating Expensesubsection 9.0(c), a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of within ten (10) days after Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsbills Tenant therefor.

LANDLORD'S MAINTENANCE. Subject to Paragraph 8(a) above, Landlord shall keep, repair and maintain and repair the Building (i) including the roof, foundation exterior walls and structural members, the Common Areas, mechanical and electrical equipment, the exterior and architectural finish, and all items except those excepted elsewhere in this Lease) of which the Premises are a part, and the structural soundness lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Term of this Lease. Landlord shall, in addition, supply reasonable snow removal for the walkways of the exterior walls Property during Normal Business Hours (as hereinafter defined). Tenant shall notify Landlord immediately when any repair to be made by Landlord is necessary. If any portion of the Building in good conditionor the Premises is damaged through the fault or negligence of Tenant, its agents, employees, invitees or customers, then Tenant shall promptly and properly repair the same at no cost to Landlord; provided, however, that Landlord may, at its option, make such repairs and Tenant shall, on demand, pay the cost thereof, together with interest at the Default Rate to Landlord as Other Charges. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinksopportunity to repair same or cure such defect. For the purposes of making any repairs or performing any maintenance, toiletsLandlord may block, faucets and drains)close or change any entrances, and all ductsdoors, pipescorridors, vents elevators, or other parts of facilities in the HVAC Building or plumbing system serving in the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixturesmay close, lampsblock or change sidewalks, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas driveways or parking areas of the Building Property provided that any such action does not materially or adversely impact Tenant's use of the Premises for its Permitted Use and the ProjectTenant, including but not limited to, mowing grass its customers and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) employees have access to the extent Premises during Normal Business Hours. Landlord shall not otherwise described be liable to Tenant, except as expressly provided in this Section 9.1Lease, for any damage and Tenant shall not be entitled to any abatement of rent by reason of any repairs, alterations or additions made by Landlord under this Lease provided that any such action does not materially or adversely impact Tenant's use of the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all rackingPremises for its Permitted Use and Tenant, cabling, utility facilities its customers and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages employees have access to the Premises, Building or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsduring Normal Business Hours.

LANDLORD'S MAINTENANCE. Except as provided otherwise in this Lease, Landlord shall maintain and keep in good operating order and repair (i) the roof, foundation foundations and structural portions of the Building, including exterior glass, and the structural soundness of the exterior walls of the Building in good conditionconduits, reasonable wear pipes and tear excepted; (ii) all plumbing wires leading to and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) from the Common Areas of the Building, elevators, the Base Building HVAC, Building electric, plumbing, sewer and mechanical systems as provided in Landlord’s Base Building Work, and the Projectsprinkler and fire safety systems of the Building wherever located, in good order, condition and repair, in compliance with the applicable building code. Subject to Section 10.6, Landlord shall not be responsible for any condition in the Building, including but not limited toLandlord’s Base Building Work or the Common Areas, mowing grass caused by any act or neglect of Tenant or any agent, employee, business invitee or contractor of Tenant nor any repairs and all general landscapingmaintenance that are the responsibility of Tenant hereunder. All such repairs shall be made by Landlord promptly without delay, maintenance except for delays beyond Landlord’s reasonable control, and shall be made of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) quality or class equal to the extent original work or construction. Landlord shall not otherwise described be in default of any obligation of Landlord hereunder unless Landlord fails to perform any of its obligations under this Section 9.1Lease within thirty (30) days after receipt of written notice of such failure from Tenant (“Landlord Default Notice”); provided, however, that if the nature of Landlord’s obligation is curable and is such that more than thirty (30) days are required for its performance, Landlord shall not be in default if Landlord commences to cure such default within the thirty (30) day period and thereafter diligently prosecutes the same to completion (such period of time, the Landlord’s Work “Landlord Cure Period”). If Landlord fails to be constructed pursuant undertake any work or repairs that Landlord is obligated to Exhibit B; (vi) all racking, cabling, utility facilities perform under this Lease within the Landlord Cure Period and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to such failure has a material adverse impact on Tenant or the Premises, Building then Tenant may perform such obligations. Notwithstanding the preceding sentence to the contrary, Tenant shall not have the right to perform Landlord’s maintenance, repair or Common Areas caused solely other obligation, unless Landlord fails to commence the required action within the Landlord Cure Period and such failure continues for an additional period of five (5) business days after Tenant delivers to Landlord a second Landlord Default Notice (the “Second Default Notice”). Landlord shall reimburse Tenant for the amount of all reasonable costs actually incurred by the negligence of willful misconduct Tenant in curing any such failure of Landlord or within thirty (30) days following Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts receipt of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsan invoice therefor from Tenant.

LANDLORD'S MAINTENANCE. (a) Landlord shall, at its Sole cost and expense, keep and maintain the roof and exterior walls (but not exterior windows and doors and their frames if damage caused by tenant negligence) of the building of which the Leased Premises are a part, in good order and repair, except for loss by fire or other casualty, which loss is covered by Article 7 of this Lease. (b) Landlord shall maintain perform all exterior painting (at such intervals as Landlord deems appropriate) and shall remove snow accumulations from the roof (if deemed necessary by Landlord), and from the parking lot, and shall perform necessary maintenance, repairs and replacements to the exterior windows and doors and their frames and on portions of the Real Estate and the improvements and mechanical equipment thereon (including the parking lot and landscaping) used in common by the tenants thereof. Except as provided in subsection 9.0(a) and in Article 7, hereof Tenant shall pay to Landlord Tenant's Pro Rata Share of the cost and expense incurred by Landlord in fulfilling its obligations under this subsection 9.0(b). Such payment shall be additional rent hereunder and shall be paid to Landlord within ten (10) days after Landlord bills Tenant therefor or, at Landlord's election, in monthly installments in amounts estimated by Landlord. (c) Landlord shall repair (i) or replace any damage to the Real Estate, including, without limitation, damage to the roof, foundation and the structural soundness landscaping, or exterior of the exterior walls building of which the Building in good condition, reasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains)Leased Premises are a part, and all ducts, pipes, vents to truck dock doors caused by or other parts of the HVAC resulting from any act or plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas of the Building and the Project, including but not limited to, mowing grass and all general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) any damages to the Premises, Building omission or Common Areas caused solely by the negligence of willful misconduct of Tenant, its agents, employees, contractors, customers and invitees. Tenant shall reimburse Landlord for Landlord's costs and expenses incurred for repairs or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations replacements made pursuant to this Section 9.1 shall be a Premises Operating Expensesubsection 9.0(c), a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of within ten (10) days after Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsbills Tenant therefor.

LANDLORD'S MAINTENANCE. (a) Landlord shall keep and maintain the roof and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good condition, reasonable wear the parking lot and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains)landscaping on the Real Estate, and all ductsroof-mounted mechanical equipment, pipesair handler and furnace and equipment relating to the air handler and furnace used in connection with the Premises in good working order and repair. Landlord shall perform all exterior painting (at such intervals as Landlord deems appropriate) and shall remove snow accumulations, vents or other parts of if and when deemed necessary by Landlord, from the HVAC or plumbing system serving roof and from the Premisesparking lot, Building and Common Areas; (iii) all electrical facilities shall perform necessary maintenance, repairs and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the Premises, Building and the Common Areas; (iv) the Common Areas replacements on portions of the Building and Real Estate used in common by its tenants. Landlord's obligations under this Section 9.0 are subject to the Projectprovisions of Article VII of this Lease concerning damage or destruction due to fire or other casualty. Costs and expenses incurred by Landlord under this Section 9.0(a) shall be costs and expenses includible in Expenses (as defined in Section 15.0) or Direct Pay Items (as defined in Section 15.1), including but not limited toexcept as expressly provided in Section 15.0. (b) If Landlord shall repair any damage to the Building and Real Estate, mowing grass and all general including, without limitation, damage to the roof, landscaping, maintenance or exterior of parking areasthe Building, driveways and alleys, parking lot sweeping, exterior lighting, pest control and window washing; (v) to the extent not otherwise described in this Section 9.1, the Landlord’s Work to be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the server room, laboratories and IDF room in the Premises; and (vii) truck dock doors caused by or resulting from any damages to the Premises, Building act or Common Areas caused solely by the omission or negligence of willful misconduct of Tenant, its agents, employees, contractors, customers and invitees, and not caused by Landlord, Tenant shall pay Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as necessary to maintain safety and aesthetic standards. The cost of the performance of Landlord’s obligations pursuant to this Section 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as applicable. All repairs and replacements required of such repair within thirty (30) days after Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictionsbills Tenant therefor.