Common use of LANDLORD'S MAINTENANCE Clause in Contracts

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintain, in a manner compatible with maintenance of comparable properties in the immediate vicinity of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, Landlord shall have no responsibility to repair the Building’s standard heating, ventilation and air conditioning equipment, and all such repairs shall be performed by Tenant pursuant to the terms of Section 8.02. Landlord shall also (a) maintain the landscaping, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Section 6.04, Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.

LANDLORD'S MAINTENANCE. Subject Landlord agrees to Article Fourteen keep the roof, floor, foundation and Section 8.02exterior walls of the Building (excluding plate glass, windows, window frames, doors and door frames) in proper repair, including without limitation the repair of any leaks in the roof, provided that in each case Tenant shall have notified Landlord of the need for repair, and provided further, that Landlord shall have no responsibility for such repairs when necessitated by the negligence or willful misconduct of Tenant, its employees, agents, contractors and invitees. Except as provided for hereinabove and for damage caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, or as otherwise specifically provided for herein, Landlord shall maintainnot be responsible for repairing any damage to, in a manner compatible with or performing any maintenance of comparable properties in the immediate vicinity of the Projectupon, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and conditionProperty. Notwithstanding the foregoing, Landlord shall have no responsibility to repair be responsible for replacing all base building equipment and operating systems in the Building’s standard , including, but not limited to, electrical, plumbing, heating, ventilation and air conditioning and sprinkler equipment, pipes, wires, ducts, fixture and all such repairs shall be performed by Tenant pursuant appliances, to the terms extent same are not repairable; provided, however, that Landlord may amortize the cost of Section 8.02. Landlord shall also (a) maintain any such replacement over the landscapinguseful life of any such replaced equipment and charge through to Tenant, parking facilities and other Common Areas as additional rent, the amortizable portion thereof applicable to the remaining term of the Project, and Lease without regard to any unexercised renewal terms (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Section 6.04, Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance except that Landlord may charge through to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or amortizable portion thereof applicable to any portion renewal term upon Tenant's exercise of the Project or in or its option therefor), any such statement to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectbe payable within twenty (20) days of Tenant's receipt thereof with reasonable supporting documentation.

LANDLORD'S MAINTENANCE. Tenant's Reimbursement of Costs. Subject to Article Fourteen and Section 8.02Tenant's obligation to reimburse Landlord for costs as hereinafter provided, Landlord shall maintain, keep and maintain in a manner compatible with maintenance of comparable properties in good condition and repair the immediate vicinity roof and exterior walls of the Projectbuilding in which the premises is located, the all structural portions parts of the Building, the roof, exterior walls and exterior doors, foundationpremises, and underslab standard sewer system of pipes, conduits and lines outside the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, premises used to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, Landlord shall have no responsibility to repair the Building’s standard heating, ventilation and air conditioning equipment, and all such repairs shall be performed by Tenant pursuant furnish to the terms premises various utilities (except to the extent that the same are the obligations of Section 8.02a public utility company). Landlord shall also (a) maintain not, however, be required to make repairs necessitated by reason of any act or the landscapingnegligence of Tenant or its agents, parking facilities and other Common Areas representatives, or anyone claiming under Tenant, or by reason of the Projectfailure of Tenant to perform or observe any conditions or agreements in this Lease contained, and (b) wash the outside of exterior windows at intervals determined or caused by Landlordalterations, additions, or improvements made by Tenant or anyone claiming under Tenant. Except as provided Landlord shall not in Section 6.04, Article Fourteen and Article Fifteen, there shall any way be no abatement of rent, no allowance liable to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make repairs as herein specifically required unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant's written notification. Tenant agrees to pay, as Additional Rent, Tenant's pro rata portion of all costs incurred by Landlord pursuant to this Section 17.2 based on the ratio ,that the Floor Area within the premises bears to the total Floor Area of the building in which the premises is located except Tenant shall pay one hundred percent (100%) of the cost incurred by Landlord in repairing any repairs, alterations damage caused to the building or improvements in or to any portion thereof or any of the Project above specified items by any act of Tenant or in its agents, representatives or anyone claiming under Tenant. Any such payment shall be due and payable to any fixturesLandlord, appurtenances or equipment thereinas Additional Rent, within ten (10) days of Tenant's receipt of a request for payment. Notwithstanding section 17.2 above Tenant waives shall only be responsible for the right obligations to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectreimburse Landlord for repair costs on its building (Pad A).

LANDLORD'S MAINTENANCE. Subject (a) This Lease is intended by Landlord and Tenant to Article Fourteen be a net lease; accordingly, Landlord’s maintenance obligations are limited to the maintenance and Section 8.02replacement of the Building’s roof and maintenance of the foundation and structural members of the exterior walls and load bearing columns within the Premises (collectively, the “Building’s Structure” ); however, Landlord shall maintain, in a manner compatible with maintenance of comparable properties in the immediate vicinity not be responsible (1) for any such work until Tenant delivers to Landlord written notice of the Projectneed therefor, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, or (2) for alterations to keep the Building’s standard heatingStructure required by any applicable Law (including, ventilation and air conditioning without limitation, the Americans with Disabilities Act of 1990) because of Tenant’s use of the Premises (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, Landlord shall have no responsibility to repair the Building’s standard heating, ventilation and air conditioning equipment, and all such repairs which alterations shall be performed by Tenant pursuant at Tenant’s sole cost and expense). The Building’s Structure does not include skylights, windows, glass or plate glass, doors, special store fronts or office entries, 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 is responsible hereunder shall be limited to the terms cost of Section 8.02. performing such work. (b) Landlord shall also (a) maintain the landscapingparking areas, parking facilities driveways, alleys and other Common Areas 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 of the ProjectBuilding (including painting), (iii) sprinkler systems and sewage lines, and (biv) wash any other items normally associated with the outside 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) The cost of exterior windows at intervals determined by performing Landlord. Except as provided in Section 6.04, Article Fourteen ’s maintenance and Article Fifteen, there repair obligations shall be no abatement of rent, no allowance an Operating Expense (except to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or the limited extent any injury such cost is specifically excluded from being an Operating Expense pursuant to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectSection 2(d) above).

LANDLORD'S MAINTENANCE. Subject to Article Fourteen Landlord, as an Operating Expense, shall keep and Section 8.02maintain the Building and its fixtures, Landlord shall maintainappurtenances, systems and facilities serving the Premises, in a manner compatible with maintenance of comparable properties good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in the immediate vicinity of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system of or about the Building in goodand the Premises, clean and safe condition, and shall use reasonable efforts, through Landlord’s program except for those repairs for which Tenant is responsible pursuant to any other provisions of regularly scheduled preventive maintenance, to keep this Lease. Without limiting the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding generality of the foregoing, Landlord shall have no responsibility to repair and maintain, and if necessary, replace (i) Building structure, foundation, roof, gutters, exterior walls, window coverings, windows, and all other exterior and structural parts of the Building’s standard , (ii) halls, stairways and entryways, elevators and common passageways and all other common areas of the Building, (iii) premises occupied by other tenants to the extent necessary to prevent any damage to the Premises, and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilation ventilating and air conditioning equipmentsystem and any other of the Building's shared systems located within the Premises, and all any damage caused to any items in the Premises which would become the property of the Landlord upon termination of this Lease by any malfunction or misfunction of such repairs systems, except only for any supplementary portions of such systems owned by Tenant. Nothing contained in this Section 22 shall require Landlord to paint or decorate the Premises. No liability of Landlord to Tenant shall accrue however under subparagraphs (iii) and (iv) above unless and until Tenant has given written (except in the case of an emergency) notice to Landlord of the specific repair required to be performed by Tenant pursuant made or of the failure to the terms of Section 8.02properly furnish any service and Landlord does not promptly thereafter undertake and diligently pursue such repair or furnish such service. Landlord shall also (a) maintain have no obligation to maintain, repair or replace the landscaping, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided pedestrian bridge described in Section 6.04, Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect37.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02During the Term, Landlord shall maintain, in a manner compatible with maintenance be responsible for repairs and replacement of comparable properties in the immediate vicinity all structural elements of the ProjectBuilding, including replacement of the roof, if required, and all building systems, including, without limitation, the structural portions mechanical, plumbing, electrical, heating, ventilating and air conditioning equipment, boilers, and machinery other than any systems that serve only the Premises (collectively, "Building Systems") and all other equipment and fixtures ("Equipment and Fixtures") used in connection with the operation of the Building, the roofroof and the parking area and sidewalks of the Building, exterior walls as well as the common areas in the Building that are illustrated on Exhibit B. All expenses incurred by Landlord in connection with any of the foregoing will be considered Operating Expenses for which Tenant will pay its Proportionate Share. However, Tenant will be responsible for any repairs or replacements if required under this Agreement by Tenant's negligence or willful misconduct, except to the extent covered by or required to be covered by Landlord's insurance. In addition, notwithstanding anything to the contrary in Section 8.1 or 8.2, if any repairs, replacements and/or improvements are needed in the Building and/or Premises that are not the sole responsibility of Tenant under this Lease (including without limitation the Building Systems, structural elements of the Building, the roof and exterior doors, foundationthe Equipment and Fixtures), and underslab standard sewer system of the Building in goodsuch repairs, clean and safe conditionreplacements or improvements (other than tenant improvements for other tenants) are considered capital expenditures under generally accepted accounting principles, and shall use reasonable efforts, through consistently applied ("GAAP") as determined by Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning 's accountants (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoingcollectively "Capital Improvements"), Landlord shall have no responsibility be responsible for performing such Capital Improvements, with the cost thereof to repair be amortized with interest at a rate per annum equal to the Building’s standard heatingPrime Rate plus three percent in effect at the time of the expenditure, ventilation and air conditioning equipmentover the useful life of the applicable Capital Improvement, as determined in accordance with GAAP, and all such repairs Tenant shall be performed by Tenant pursuant to reimburse Landlord on a monthly basis for the terms of Section 8.02. Landlord shall also (a) maintain the landscaping, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Section 6.04, Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any applicable portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives cost of the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effectCapital Improvement that is amortized during the Term.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, Landlord shall maintainrepair, replace and maintain in a manner compatible first-class condition commensurate with maintenance of comparable properties in other Comparable Buildings (i) the immediate vicinity of the Project, the exterior and structural portions parts of the Building, (ii) the rooffoundation of the Building, exterior walls (iii) all Central Systems (as hereinafter defined) in the Building, (iv) the Parking Garages and exterior doorsall elements thereof, foundation(v) the pedestrian bridges and passageways providing pedestrian access from the Building to the adjoining buildings and Parking Garages, and underslab standard sewer system of (vi) all common areas. For purposes hereof, the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep term “Central Systems” means the Building’s standard heatingcentral plumbing systems, ventilation electrical systems, HVAC systems, fire protection and air conditioning fire alert systems and mechanical systems (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoingincluding, Landlord shall have no responsibility to repair the Building’s standard heatingwithout limitation, ventilation and air conditioning equipment, and all such repairs shall be performed by Tenant pursuant to the terms of Section 8.02elevators). Landlord shall also (aperform its obligations under this Section 10.(a) maintain the landscapingin a diligent, parking facilities first-class manner and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Section 6.04, Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance exercise all commercially reasonable efforts to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or minimize any injury to or interference with Tenant’s business arising from the making operations that may be occasioned thereby. Furthermore, if performance of or the failure Landlord’s obligations under this Section 10.(a) is likely to make any repairs, alterations or improvements in or to any portion have a substantial impact on Tenant’s use and occupancy of the Project Premises, Landlord shall perform such obligations after normal business hours (except in cases of a bona fide emergency, in which event Landlord may perform such obligations at any time). Subject to the following sentence, if any maintenance or repair required by Landlord is occasioned by the act or negligence of Tenant or any Tenant Party (exclusive of business visitors), then Tenant shall reimburse Landlord promptly upon request (together with reasonable supporting documentation) for the actual cost and expense that Landlord incurs in providing such maintenance or making such repair. Notwithstanding the foregoing sentence, if any maintenance or repair required by Landlord is necessary due to damage resulting from a Casualty occasioned substantially by the intentional act or gross negligence of Tenant or any fixturesTenant Party (excluding business visitors), appurtenances then Tenant shall reimburse Landlord promptly upon request (together with reasonable supporting documentation) for the actual cost and expense that Landlord incurs in providing such maintenance or equipment thereinmaking such repair if and only to the extent that such maintenance or repair is not covered by the insurance required to be maintained by Landlord hereunder. The foregoing is subject in all respects to the provisions hereinafter set forth in Section 11(b). Tenant waives shall promptly notify Landlord of the right to make repairs at Landlord’s expense under need for any law, statute maintenance or ordinance now or hereafter in effectrepairs.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02, 8.1 above. Landlord shall maintainkeep, repair and maintain the Building (including the roof 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, all in good and tenantable condition during(y the Term. Landlord shall, in a manner compatible with maintenance of comparable properties in addition. suply reasonable snow removal for the immediate vicinity walkways of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system 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 or 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 (including a supervisory charge in goodaddition to charges for general conditions, clean and safe conditionequal to ten percent (10%) of the trade cost of such repairs), and together with interest at the Default Rate to Landlord as Other Charges. Tenant shall use reasonable effortsimmediately give Landlord written notice of any defect or need for repairs, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, after which notice Landlord shall have no responsibility reasonable opportunity to repair same or cure such defect. For the Building’s standard heatingpurposes of making any repairs or performance, ventilation and air conditioning equipmentany maintenance, Landlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premise's, and all such repairs shall be performed by Tenant pursuant to may close. block or change sidewalks, driveways or parking areas (if any) of the terms of Section 8.02Property. Landlord shall also (a) maintain the landscapingnot be liable to Tenant, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except except as expressly provided in Section 6.04this Lease, Article Fourteen for any damage or inconvenience and Article Fifteen, there Tenant shall not be no entitled to any abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord rent by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense additions made by Landlord under any law, statute or ordinance now or hereafter in effectthis Lease.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02Paragraph 8(a) above, Landlord shall maintainkeep, repair and maintain the Building (including the roof and structural members, the Common Areas including without limitation, the parking lot and lobby (as hereinafter defined), 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 lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Term of this Lease including without limitation, cleaning as set forth in Exhibit "G" hereto. Landlord shall, in a manner compatible with maintenance of comparable properties in addition, supply reasonable snow removal for the immediate vicinity walkways and parking areas of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system 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 goodor the Premises is damaged through the fault or negligence of Tenant, clean its agents, employees, invitees or customers, then Tenant shall promptly and safe conditionproperly repair the same at no cost to Landlord; provided, however, that Landlord may, at its option, make such repairs (after reasonable notice to Tenant, but only if Tenant fails to 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 use reasonable effortsimmediately give Landlord written notice of any defect or need for repairs, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, after which notice Landlord shall have no responsibility reasonable opportunity to repair same or cure such defect. For the Building’s standard heatingpurposes of making any repairs or performing any maintenance, ventilation and air conditioning equipmentLandlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premises, and all such repairs shall be performed by may close, block or change sidewalks, driveways or parking areas of the Property as long as Tenant pursuant continues to have reasonable access to the terms of Section 8.02Property and the Premises. Landlord shall also (a) maintain the landscapingnot be liable to Tenant, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except except as expressly provided in Section 6.04this Lease, Article Fourteen for any damage or inconvenience and Article Fifteen, there Tenant shall not be no entitled to any abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord rent by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion additions made by Landlord under this Lease. Landlord shall be responsible for repairs and maintenance of all electrical, plumbing, HVAC and mechanical systems of the Project or in or to any fixturesBuilding. All repairs and maintenance by Landlord shall comply with applicable governmental and quasi-governmental requirements, appurtenances or equipment thereinincluding without limitation, building codes. Tenant waives shall receive a credit against rent on account of the right following: any expenditures by Tenant on account of any latent defects for a period of one (1) year after the Commencement Date and/or violations with respect to governmental and quasi-governmental requirements, including without limitation, building codes, existing in the Premises on the date that landlord delivers the premises to Tenant on account of correcting any deficiencies in Landlord's work after reasonable notice to Landlord only if Landlord fails to make repairs at Landlord’s expense under such repairs; and any lawand all expenditures by Tenant on account of providing repair, statute maintenance and/or service obligations of landlord in the event that Landlord fails to fulfill or ordinance now or hereafter in effecthas not diligently pursued such obligations within ten (10) days of Tenant's notice to Landlord regarding same.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02Paragraph 10 (a) above, Landlord shall maintain, in a manner compatible with maintenance of comparable properties in repair and replace the immediate vicinity of Shopping Center (including the Projectroof and structural members, the structural portions of Common Areas (as hereinafter defined), mechanical and electrical equipment that supply the BuildingPremises or the Common Area on a non-exclusive basis, the roof, exterior walls and exterior doors, foundationarchitectural finish, and underslab standard sewer system all items except those excepted elsewhere in this Lease) of which the Building in good, clean and safe conditionPremises are a part, and shall use reasonable effortsthe lawn, through Landlord’s program of regularly scheduled preventive maintenanceshrubs and other landscaping on the Property, to keep all in good and tenantable condition during the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment Lease Term; in reasonably good order and condition. Notwithstanding the foregoingaddition, Landlord shall have no responsibility maintain (but shall not be required to repair or replace) the Building’s standard heating, ventilation ventilating, and air conditioning equipment. Landlord shall, in addition, supply reasonable snow removal for the walkways and parking areas of the Property. Tenant shall notify Landlord immediately when any repair to be made by Landlord is necessary. If any portion of the Shopping Center or 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, as Other Charges. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable opportunity to repair same or cure such defect. For the purposes of making any repairs or performing any maintenance, Landlord may temporarily block, close or change any entrances, doors, corridors, elevators, or other facilities in the Shopping Center or in the Premises, and all such repairs shall be performed by Tenant pursuant may close, block or change sidewalks, driveways or parking areas of the Property, provided, however, that during any period of time that access to the terms of Section 8.02Premises is blocked or closed, Landlord shall provide reasonable alternative access to the Premises at all times. Landlord shall also (a) maintain the landscapingnot be liable to Tenant, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except except as expressly provided in Section 6.04this Lease, Article Fourteen for any damage or inconvenience and Article Fifteen, there Tenant shall not be no entitled to any abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord rent by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense additions made by Landlord under any law, statute or ordinance now or hereafter in effectthis Lease.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02Paragraph 8(a) above, Landlord ---------------------- shall maintainkeep, repair and maintain the Building (including the roof 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 lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Term of this Lease. Landlord shall, in a manner compatible with maintenance of comparable properties in addition, supply reasonable snow removal for the immediate vicinity walkways of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system 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 goodor the Premises is damaged through the fault or negligence of Tenant, clean its agents, employees, invitees or customers, then Tenant shall promptly and safe conditionproperly 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 use reasonable effortsimmediately give Landlord written notice of any defect or need for repairs, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, after which notice Landlord shall have no responsibility reasonable opportunity to repair same or cure such defect. For the Building’s standard heatingpurposes of making any repairs or performing any maintenance, ventilation and air conditioning equipmentLandlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premises, and all such repairs shall be performed by Tenant pursuant to may close, block or change sidewalks, driveways or parking areas of the terms of Section 8.02Property. Landlord shall also (a) maintain the landscapingnot be liable to Tenant, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except except as expressly provided in Section 6.04this Lease, Article Fourteen for any damage or inconvenience and Article Fifteen, there Tenant shall not be no entitled to any abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord rent by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense additions made by Landlord under any law, statute or ordinance now or hereafter in effectthis Lease.

LANDLORD'S MAINTENANCE. Subject to Article Fourteen and Section 8.02Paragraph 8(a) above, Landlord shall maintainkeep repair and maintain the Building (including the roof 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 lawn, shrubs and other landscaping on the Property, all in good and tenantable condition during the Term of this Lease. Landlord shall, in a manner compatible with maintenance of comparable properties in addition, supply reasonable snow removal for the immediate vicinity walkways and parking areas of the Project, the structural portions of the Building, the roof, exterior walls and exterior doors, foundation, and underslab standard sewer system 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 goodor the Premises is damaged through the fault or negligence of Tenant, clean its agents, employees, invitees or customers, then Tenant shall promptly and safe conditionproperly 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 use reasonable effortsimmediately give Landlord written notice of any defect or need for repairs, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment in reasonably good order and condition. Notwithstanding the foregoing, after which notice Landlord shall have no responsibility reasonable opportunity to repair same or cure such defect. For the Building’s standard heatingpurposes of making any repairs or performing any maintenance, ventilation and air conditioning equipmentLandlord may block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premises, and may close, block or change sidewalks, driveways or parking areas of the Property, so long as Tenant at all such repairs shall be performed by Tenant pursuant times has reasonable access to the terms of Section 8.02Premises for Tenant intended use. Landlord shall also (a) maintain the landscapingnot be liable to Tenant, parking facilities and other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except except as expressly provided in Section 6.04this Lease, Article Fourteen for any damage or inconvenience and Article Fifteen, there Tenant shall not be no entitled to any abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord rent by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Tenant waives the right to make repairs at Landlord’s expense additions made by Landlord under any law, statute or ordinance now or hereafter in effectthis Lease.